GOVERNMENT 

IN  THE 

UNITED  STATES 

.     1          »  .  t.  V 

NATIONAL,  STATE,  AND  LOCAL 


BY 
JAMES  W.    GARNER 

PROFESSOR  OF  POLITICAL  SCIENCE  IN  THE  UNIVERSITY 
OF  ILLINOIS 


NEW  YORK  .:.  CINCINNATI  •:•  CHICAGO 

AMERICAN     BOOK    COMPANY 


Copyright,  1911,  1913,  1919,  1920,  by 
JAMES  W.  GARNER 

Copyright,  1922,  by 
AMERICAN  BOOK  COMPANY 


ENTERED  AT  STATIONERS'  HALL,  LONDON 

Govr.  U.  S. 
w.  P.    33 


MADE  IN  U.  S.  (1. 


PREFACE 

My  aim  in  the  preparation  of  this  book  has  been  to  present  in  an 
elementary  way  the  leading  facts  concerning  the  organization  and 
activities  of  national,  state,  and  local  government  in  the  United 
States.  I  have  given  rather  greater  emphasis  than  is  customarily 
done  in  textbooks  of  this  character  to  what  may  be  called  the  dy- 
namics of  government,  that  is,  its  actual  workings,  as  contradistin- 
guished from  organization.  Likewise,  I  have  laid  especial  stress  upon 
the  activities  and  methods  of  political  parties,  party  conventions, 
primaries,  the  conduct  of  political  campaigns,  the  regulation  of  cam- 
paign methods,  and  the  like.  The  increasing  importance  of  citizen- 
ship has  led  me  to  devote  a  chapter  to  that  subject.  To  encourage 
wider  reading  among  students,  I  have  added  to  each  chapter  a  brief 
list  of  references  to  books  which  should  be  in  every  high  school  library. 
The  great  value  of  illustrative  material  as  a  means  of  acquainting  stu- 
dents with  the  spirit  and  actual  methods  of  government  is  now  recog- 
nized. For  the  convenience  of  teachers,  I  have  therefore  added  at 
the  end  of  each  chapter  a  list  of  documentary  and  other  illustrative 
material,  most  of  which  can  be  procured  without  cost  and  all  of  which 
may  be  used  to  advantage  in  supplementing  the  descriptive  matter  in 
the  textbook.  To  stimulate  the  spirit  of  research  and  to  encourage 
independent  thinking  among  students,  I  have  also  added  at  the  end 
of  each  chapter  a  list  of  search  questions  bearing  upon  the  various 
subjects  treated  in  the  chapter. 

I  am  under  obligations  to  a  number  of  teachers  for  reading  the 
proof  sheets  of  this  book  and  for  giving  me  the  benefit  of  their  advice. 
Among  those  to  whom  I  am  especially  indebted  are  Mr.  Clarence  0. 
Gardner,  formerly  assistant  in  political  science  in  the  University  of 
Illinois,  Mr.  W.  A.  Beyer,  of  the  Illinois  State  Normal  University, 
Mr.  C.  H.  Elliott,  of  the  Southern  Illinois  State  Normal  University, 
Mr.  E.  T.  Austin,  of  the  Sterling  Township  (111.)  High  School,  and 
Mr.  William  Wallis,  Principal  of  the  Bloomington  (HI.)  High  School. 

J.  W.  GARNER. 
URBANA,  ILLINOIS. 


Q  C  er  ft  >• 


CONTENTS 

PAGE 

I.  LOCAL  GOVERNMENT:  TOWNS,  TOWNSHIPS,  AND  COUNTIES    .  5 

II.  LOCAL  GOVERNMENT,  CONTINUED:  CITIES  AND  VILLAGES.        .  25 

III.  THE  STATE  GOVERNMENTS    .                57 

IV.  THE  STATE  LEGISLATURE     .                73 

V.  THE  STATE  EXECUTIVE         .       . 91 

VI.  THE  STATE  JUDICIARY  .        .       ....        .  .     109 

VII.  SUFFRAGE  AND  ELECTIONS     .        .        ;-""""".        .        .  .125 

VIII.  POLITICAL  PARTIES  AND  NOMINATING  METHODS  .  .  .144 

IX.  THE  ESTABLISHMENT  OF  THE  UNION  .  .  .  .  .  159 

AX.  THE  Two  HOUSES  OF  CONGRESS  .  . .  .  .  '  . .  .  174 

XI.  ORGANIZATION  AND  PROCEDURE  OF  CONGRESS  .  .  .  .  "197 

XII.  FEDERAL  FINANCE,  TAXATION,  AND  MONEY  .  .  .  .217 

XIII.  THE  REGULATION  OF  COMMERCE    .        ...        .  .236 

XIV.  OTHER  IMPORTANT  POWERS  OF  CONGRESS    ....     248 
XV.  THE  PRESIDENCY:  ORGANIZATION  AND  MODE  OF  ELECTION  .    274 

XVI.  THE   PRESIDENCY,    CONTINUED:   INAUGURATION,    POWERS 

AND  DUTIES        .        .        .        .        . '      ...        .     298 

XVII.  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS  .        .        .324 

XVIII.  THE  FEDERAL  JUDICIARY      .        .        .    -,V      .        .        .353 

XIX.  GOVERNMENT  OF  THE  TERRITORIES  AND  DEPENDENCIES        .    369 

XX.  CITIZENSHIP   .  383 

ARTICLES  OF  CONFEDERATION 393 

CONSTITUTION  OF  THE  UNITED  STATES -399 

INDEX 411 


GOVERNMENT 

IN  THE 

UNITED  STATES 

CHAPTER  I 
LOCAL  GOVERNMENT:  TOWNS,  TOWNSHIPS,  AND  COUNTIES 

Kinds  of  Local  Government. — Most  of  us  live  under  at 
least  four  different  governmental  organizations:  the  govern- 
ment of  the  United  States,  the  government  of  a  state,  the 
government  of  a  county,  and  the  government  of  a  minor 
division,  usually  called  a  town  or  township.  In  addition  to 
(or  sometimes  instead  of)  the  county  or  township  govern- 
ment, many  of  us  live  under  a  special  form  of  government 
provided  for  urban  communities, — cities,  villages,  or  bor- 
oughs,— where  the  population  is  comparatively  dense  and 
where,  therefore,  the  somewhat  simple  form  of  government 
provided  for  rural  communities  is  insufficient.  If  the  people 
of  the  smaller  communities  are  allowed  to  choose  their  own 
public  officials  and,  within  certain  limits,  to  determine  their 
own  policies  in  public  matters  of  a  local  character,  they  have 
a  system  of  local  self-government.  If,  on  the  contrary,  they 
are  governed  by  some  distant  central  authority  which  deter- 
mines their  local  policies  and  by  which  their  local  officials 
are  appointed,  they  live  under  a  system  of  centralized  govern- 
ment. 

5 


6  LOCAL  GOVERNMENT 

Merits  of  Local  Self-Government. — In  the  United  States, 
the  privilege  of  local  self-government  is  regarded  as  one  of 
the^  chief  merits^of  qur  political  system,  and  it  is  often 
declared/to  be/onf.;6£tthe  inalienable  rights  of  the  people. 
One.great.a4v.an.tage  oitlox!aj  self-government  is  that  it  brings 
govenlm^riti/ear:thedl>obDf  every  citizen,  and  permits  the 
people  of  each  locality,  who  are  most  familiar  with  their  own 
local  conditions  and  who  know  best  what  are  their  local 
needs,  to  regulate  their  own  affairs  as  they  see  fit.  Also, 
such  a  system  is  well  calculated  to  secure  responsibility. 
So  long  as  the  local  authorities  are  chosen  by  the  commu- 
nity from  its  own  inhabitants  and  are  constantly  under  the 
eyes  of  the  people,  to  whom  they  are  responsible,  they  can 
be  more  effectively  controlled  by  local  public  opinion  than 
is  possible  where  they  are  chosen  by  authorities  distantly 
removed.  Another  important  advantage  of  local  self-govern- 
ment is  that  it  serves  as  a  training  school  for  the  political 
education  of  the  citizens.  Allow  them  the  privilege  of 
choosing  their  own  local  officials  and  of  regulating  their  own 
local  concerns,  and  their  interest  in  public  affairs  will  be 
stimulated  and  their  political  intelligence  increased  and 
broadened.  This  not  only  will  tend  to  secure  more  respon- 
sible government  (local,  state,  and  national),  but  will  produce 
a  more  active  type  of  citizenship. 

Importance  of  Local  Government. — With  the  growth 
and  congestion  of  population  in  centers,  and  the  increasing 
complexity  of  our  industrial  and  social  life,  the  importance 
of  local  self-government  has  enormously  increased.  The 
local  governments  touch  us  at  many  more  points  to-day 
than  does  either  the  state  or  the  national  government; 
they  regulate  a  far  larger  proportion  of  the  concerns  of  our 
everyday  life ;  and  hence  we  feel  the  effects  of  corrupt  or 
inefficient  local  government  more  keenly  than  we  feel  the 


IMPORTANCE  OF  LOCAL  GOVERNMENT        7 

effects  of  inefficient  state  or  national  government.  We  de- 
pend largely  upon  our  local  governments  for  the  maintenance 
of  the  peace,  order,  and  security  of  the  community ;  for  the 
protection  of  the  public  health;  for  the  support  of  our  schools; 
for  the  construction  and  maintenance  of  roads  and  bridges; 
for  the  care  of  the  poor;  and  if  we  live  in  a  city,  for  pro- 
tection against  fire,  for  our  water  supply,  usually,  and  for 
many  other  services  essential  to  our  comfort  and  happiness. 
Finally,  the  larger  proportion  of  the  taxes  we  pay  goes 
toward  the  support  of  local  government — a  fact  which 
makes  it  very  important  that  our  local  governments  should 
be  efficiently,  honestly,  and  economically  conducted. 

Types  of  Local  Government. — The  form  of  local  govern- 
ment existing  in  each  state  is  such  as  the  state  itself 
provides,  the  national  government  having  no  authority 
whatever  over  the  matter.  Such  differences  as  exist  are 
more  largely  the  result  of  historical  conditions  growing  out 
of  the  early  settlement  of  the  states,  than  of  any  pro- 
nounced differences  of  opinion  among  the  people  in  regard 
to  forms  of  government.  Since  colonial  times  there  have 
been  three  general  types  of  local  rural  government  in 
America:  the  town  system,  in  New  England;  the  county 
system,  which  originated  in  Virginia  and  spread  to  other 
colonies  and  states ;  and  the  county-township  type — a  com- 
bination of  the  first  two  forms— which  developed  in  the 
middle  colonies  of  New  York  and  Pennsylvania  and  was 
carried  to  many  Western  states  by  settlers  from  the  middle 
states,  and  is  now  the  most  common  form  to  be  found. 

TOWN    GOVERNMENT 

Town  and  County  in  New  England. — The  characteristic 
feature  of  the  town  system  of  government  is  that  the  man- 
agement of  local  affairs  devolves  mainly  upon  the  town  (or 


8  TOWN  GOVERNMENT 

township,  as  it  is  usually  called  outside  of  New  England), 
while  the  county  is  little  more  than  an  administrative  dis- 
trict for  judicial  and  election  purposes.  In  some  of  the  New 
England  states,  where  the  town  system  originated  and 
where  it  exists  in  its  purest  form,  the  county  is  almost  ig 
nored  as  an  area  for  local  government.  In  Rhode  Island 
it  performs  practically  no  duties  of  local  government  and 
is  merely  a  judicial  district;  there  no  county  officers  are  to 
be  found  except  the  sheriff  and  clerks  of  the  courts.  In  the 
other  New  England  states  the  county  plays  a  more  im- 
portant part  than  it  does  in  Rhode  Island,  but  in  none  of 
them  does  it  share  with  the  towns  in  anything  like  an  equal 
measure  the  burden  of  local  government. 

The  New  England  Town.— The  towns  of  New  England 
are  the  oldest  political  communities  in  America,  some  of 
them  being  older  in  fact  than  the  counties  and  states  of 
which  they  are  a  part.  Generally  they  vary  from  twenty  to 
forty  square  miles  in  area,  and  are  irregular  in  shape,  being 
in  this  respect  unlike  the  townships  of  many  Western  states, 
which  were  laid  out  in  squares,  each  with  an  area  of  thirty- 
six  square  miles.  In  population  they  vary  from  a  few  hun- 
dred persons  to  more  than  130,000  as  is  the  case  with  New 
Haven,  which,  though  an  incorporated  city,  maintains  a 
separate  town  organization. 

Powers  of  Town  Government. — The  functions  performed 
by  the  town  governments  are  varied  and  numerous.  The 
most  important,  however,  are  the  support  and  management 
of  public  schools,  the  laying  out  and  maintenance  of  roads, 
the  construction  of  bridges,  the  care  of  the  poor,  and  in  the 
more  populous  towns,  fire  protection,  health  protection, 
the  maintenance  of  police,  lighting,  paving  of  streets,  es- 
tablishment of  parks,  public  libraries,  etc.  The  towns 
also  have  power  to  enact  ordinances  of  a  police  char- 


POWERS  OF  TOWN  GOVERNMENT  9 

acter,  relating  to  such  matters  as  bicycle  riding  on  side- 
walks, the  running  of  animals  at  large,  etc. 

In  addition  to  the  management  of  the  purely  local  affairs 
ol  the  community,  the  town  acts  as  the  agent  of  the  state 
government  for  carrying  out  certain  state  laws  and  policies. 
Thus  it  assesses  and  collects  the  state  taxes,  keeps  records 
of  vital  statistics,  enforces  the  health  laws  of  the  state,  and 
acts  for  the  state  in  various  other  matters.  Finally,  except 
in  Massachusetts,  the  town  is  a  district  for  choosing  mem- 
bers of  at  least  one  branch  of  the  legislature,  and  every- 
where in  New  England  it  is  a  district  for  state  and  national 
elections.1 

The  Town  Meeting. — The  central  fact  in  the  system  of 
town  government  in  New  England  is  the  town  meeting, 
or  assembly  of  the  qualified  voters  of  the  town.  The  annual 
meeting  is  usually  held  in  the  early  Spring  (except  in  Con- 
necticut, where  it  is  generally  held  in  October)  and  special 
meetings  are  called  from  time  to  time  as  necessity  may  re- 
quire. All  persons  qualified  as  voters  under  the  state  laws 
are  entitled  to  attend  and  take  part  in  the  proceedings  of 
the  meeting.  Formerly  non-attendance  was  punishable  by 
a  fine,  but  that  is  no  longer  resorted  to;  it  being  supposed 
that  each  voter's  interest  will  be  sufficient  inducement  to 
secure  his  presence.  The  attendance  is  larger  in  the  towns 
of  New  England  than  in  the  states  of  the  West  where  the 
town  meeting  exists,  and  it  is  larger  in  urban  towns  than  in 
those  of  a  rural  character.  Formal  notice  must  be  given 
of  the  time  and  place  of  the  meeting,  and  this  is  done  by  a 
warrant  issued  by  the  selectmen,  which  specifies  also  the 
matters  of  business  to  be  considered.  This  notice  must  be 
posted  in  conspicuous  places  a  certain  number  of  days  before 
the  meeting.  No  other  matters  than  those  mentioned  in 
Local  Government,"  p.  147. 


10  TOWN  GOVERNMENT 

the  warrant  can  be  introduced  or  considered.  The  meetings 
are  usually  held  in  the  town  hall,  though  in  the  early  history 
of  New  England  they  were  frequently  held  in  the  church, 
which  was  thus  a  "meeting  house"  for  civil  as  well  as  for 
church  purposes. 

The  meeting  is  called  to  order  by  the  town  clerk,  who 
reads  the  warrant,  after  which  an  organization  is  effected 
by  the  election  of  a  presiding  officer  called  a  moderator, 
and  business  then  proceeds  in  accordance  with  the  cus- 
tomary rules  of  parliamentary  law.  The  next  order  of 
business  is  the  election  of  the  town  officers  for  the  ensuing 
year.  This  done,  appropriations  are  made  for  the  payment 
of  the  public  expenses  of  the  town,  and  the  other  measures 
necessary  for  the  government  of  the  town  are  then  discussed 
and  adopted.  The  most  interesting  fact  about  the  New 
England  town  meeting  is  the  lively  discussion  which  char- 
acterizes its  proceedings.  Any  voter  may  introduce  res- 
olutions and  express  his  opinion  on  any  proposition  before 
the  assembly.  One  great  advantage  of  this  system  of  local 
government  is  its  educative  effect  upon  the  citizens.  It 
affords  a  means  of  keeping  alive  interest  in  public  affairs 
and  thus  tends  to  develop  a  more  intelligent  citizenship. 
Important  measures  may  be  carefully  discussed  and  criti- 
cized before  the  final  vote  is  taken,  and  it  is  difficult  to 
"railroad"  or  smuggle  an  objectionable  measure  through, 
as  is  sometimes  done  in  the  legislatures  and  city  councils. 
Everything  the  officials  and  committees  of  the  town  have 
done  is  subject  to  be  criticized,  everything  they  are  to  do  is 
subject  to  be  regulated  by  the  meeting.  The  final  action 
of  the  meeting,  therefore,  is  pretty  apt  to  represent  the  real 
wishes  of  the  people. 

Conditions  Unfavorable  to  Government  by  Town  Meet- 
ing.—-Various  causes,  however,  are  at  work  in  some  parts  of 


GOVERNMENT  BY  TOWN  MEETING  II 

New  England  to  weaken  the  system  of  government  by  town 
meeting  and  to  render  it  less  suited  to  the  modern  conditions 
under  which  it  must  be  operated.  The  growth  of  manu- 
facturing industries  in  many  of  the  towns  has  introduced 
a  conflict  of  interests  between  factory  owners  and  operators 
on  the  one  hand,  and  farmers  on  the  other.  The  result  is 
occasional  squabbles  and  controversies  which  are  not  favor- 
able to  government  by  mass  meeting.  The  influx  of  for- 
eigners who  are  unaccustomed  to  local  self-government 
and  who  are  therefore  unfamiliar  with  the  duties  of  citi- 
zens in  self-governing  communities  has  in  recent  years  also 
introduced  an  unfavorable  element.  Finally,  the  caucus 
has  gained  a  foothold  in  many  towns  so  that  the  election 
of  officers  and  the  determination  of  important  policies  are 
often  controlled  by  a  small  group  of  persons  who  get  to- 
gether prior  to  the  town  meeting  and  prepare  a  "slate" 
which  is  put  through  without  adequate  discussion.  It  is 
also  to  be  noted  that  with  the  growth  of  population,  many 
of  the  towns  have  become  too  populous  to  be  governed  ef- 
fectively by  mass  meeting.  Frequently  the  town  hall  is  too 
small  to  accommodate  all  the  voters  who  attend,  and  satis- 
factory debate  under  such  conditions  is  impossible.  Often 
when  a  town  reaches  this  size  it  organizes  itself  into  a 
municipal  corporation,  and  a  city  council  takes  the  place 
of  the  popular  assembly,  but  there  are  many  places  of  con- 
siderable size  which  still  retain  the  town  organization. 

Town  Officers. — Selectmen. — From  the  beginning  of  town 
government  it  was  necessary  to  choose  agents  to  look  after 
the  affairs  of  the  community  during  the  interval  between 
town  meetings.  These  persons  were  called  selectmen,  and 
they  have  retained  the  name  until  the  present  day. 

Every  town  now  has  a  body  of  selectmen  chosen  at  the 
annual  meeting,  usually  for  one  year  (in  Massachusetts  for 


12  TOWN  GOVERNMENT 

three  years)  to  act  as  a  general  managing  board  for  the 
community.  The  number  for  each  town  varies  from  three 
to  nine  according  to  the  size  of  the  town,  three  being  the 
most  usual  number.  Reelections  are  frequent;  one  select- 
man in  Brookline,  Massachusetts,  served  nearly  forty 
years.  Their  duties  vary  in  the  different  towns.  Generally 
they  issue  warrants  for  holding  town  meetings,  lay  out 
roads,  impanel  jurors,  grant  licenses,  abate  nuisances,  ar- 
range for  elections,  control  the  town  property,  hear  com- 
plaints, sometimes  assess  taxes  (especially  in  the  small 
towns),  and  may  appoint  police  officials,  boards  of  health, 
overseers  of  the  poor,  and  other  local  officers  if  they 
are  not  chosen  by  the  voters  assembled  in  the  town 
meeting. 

\  The  Town  Clerk. — Besides  the  selectmen,  there  are  various 
'other  officers  of  the  town,  the  number  varying  according 
to  its  size  and  importance.  One  of  the  most  important  of 
these  is  the^derk,  who  performs  some  duties  discharged  by 
the  county  clerk  in  states  outside  of  New  England.  The 
town  clerk  is  elected  at  the  annual  town  meeting,  and  is 
frequently  reflected  from  year  to  year.  His  principal  duties 
are  to  keep  the  records  of  the  town  meetings,  and  of  the 
meetings  of  the  selectmen,  issue  marriage  licenses,  and 
keep  registers  of  births,  marriages,  and  deaths. 

Assessors  and  Treasurer. — In  the  large  towns  there  are 
assessors  of  taxes,  who  prepare  tax  lists;  in  the  smaller  ones, 
as  stated  above,  the  selectmen  act  as  assessors.  In  all  of 
the  towns  there  is  a  town  treasurer  who  receives  and  takes 
care  of  all  taxes  collected  from  the  citizens,  turning  over  to 
the  proper  officers  the  portion  which  goes  to  the  state  and  to 
the  county.  He  also  keeps  an  account  of  all  receipts  and 
disbursements  and  makes  an  annual  report  to  the  town 
meeting. 


TOWN  OFFICERS  13 

Overseers  of  the  Poor. — To  care  for  the  pauper  and  de- 
pendent class  there  are  usually  one  or  more  overseers  of 
the  poor  elected  by  the  town  meeting,  though  in  the  smaller 
towns  the  selectmen  perform  this  duty.  Their  principal 
function  is  to  determine  who  shall  receive  public  aid. 

Constables. — In  every  town  one  or  more  constables  are 
elected.  Formerly  this  office,  like  that  of  sheriff,  was  one 
of  dignity  and  influence,  but  it  has  lost  much  of  its  early 
importance.  As  the  sheriff  is  the  peace  officer  of  the 
county,  the  constables  are  the  peace  officers  of  the  town. 
They  pursue  and  arrest  criminals  and  execute  warrants 
issued  by  the  selectmen  and  by  the  justices  of  the  peace. 
In  addition  they  sometimes  summon  jurors  and  act  as 
collectors  of  the  taxes. 

School  Committee. — Generally  there  is  also  a  school  com- 
mittee elected  at  the  town  meeting.  It  is  charged  with 
establishing  and  visiting  schools,  selecting  teachers,  pre- 
scribing the  courses  of  instruction,  and  appointing  truant 
officers. 

Other  Town  Officials  are  justices  of  the  peace;  road  sur- 
veyors or  similar  officers  with  other  titles,  charged  with 
keeping  public  roads  and  bridges  in  repair;  field  drivers 
and  poundkeepers,  who  take  up  and  keep  stray  animals 
until  claimed  by  their  owners;  fence  viewers,  who  settle 
disputes  among  farmers  in  regard  to  partition  fences  and 
walls;  sealers  of  weights  and  measures,  who  test  the  accu- 
racy of  scales  and  measures;  surveyors  of  lumber;  keepers 
of  almshouses;  park  commissioners;  fish  wardens;  inspectors 
of  various  kinds ;  and  a  host  of  other  minor  officials,  some  of 
whom  bear  queer  titles,  and  many  of  whom  serve  without 
pay  or  receive  only  trifling  fees  for  their  services.  In  some 
of  the  small  towns,  officials  are  so  numerous  as  to  constitute 
a  goodly  proportion  of  the  population.  The  town  of  Middle- 


14  COUNTY   GOVERNMENT 

field   (Mass.),  for  example,  with  only  eighty- two  voters 
recently  had  a  total  of  eighteen  officials.1 

Town  Government  in  the  West. — Town  government  is 
not  confined  to  New  England;  it  has  been  carried  to  many 
Western  states  where  immigrants  from  New  England  have 
settled,  though  in  none  of  them  does  it  possess  the  vi- 
tality or  play  the  important  part  in  the  management  of 
public  affairs  that  it  does  in  the  older  communities  where 
it  originated.  In  the  states  of  the  South  and  the  far  West, 
there  is  no  general  system  of  town  government.  Counties, 
however,  are  usually  divided  into  districts  for  a  few  un- 
important purposes. 

COUNTY   GOVERNMENT 

The  County. — The  county2  is  a  civil  division  created  by 
the  state  partly  for  purposes  of  state  administration  and 
partly  for  local  government.  New  York  city  embraces 
within  its  boundaries  five  counties ;  other  cities,  like  Chi- 
cago, Cleveland,  Buffalo,  and  Cincinnati,  contain  within 
their  limits  the  larger  part  of  the  population  of  the  counties 
in  which  they  are  situated.  The  population  of  a  large 
majority  of  the  counties,  however,  is  predominantly  rural 
rather  than  urban  in  character,  and  where  there  is  a  large 
city  within  a  county,  most  of  the  affairs  of  that  portion  of 
the  county  lying  within  the  city  limits  are  managed  by  the 
city  government. 

Population  and  Area. — The  population  of  the  counties, 
and  their  areas,  vary  widely.  Several  counties  in  Texas  in 
1910  had  less  than  400  inhabitants  each;  New  York  county, 
on  the  other  hand,  had  more  than  2,750,000.  The  most 

1Hart,  "Actual  Government,"  p.  172. 

2  The  corresponding  division  in  Louisiana  is  called  a  parish. 


THE  COUNTY  15 

populous  counties  are  in  the  Eastern  states,  and  the  least 
populous  in  the  South  and  West.  There  are  now  about 
3,000  counties  in  all  the  states,  the  number  in  each  state 
ranging  from  three  in  Delaware  and  five  in  Rhode  Island 
to  244  in  Texas.  In  proportion  to  population  Massachu- 
setts has  a  smaller  number  (fourteen)  than  any  other  state 
in  the  Union.  In  many  states  the  minimum  size  of  counties 
is  fixed  by  the  constitution.  The  minimum  limit  where  it 
is  fixed  by  the  constitution  is  usually  400  square  miles, 
though  in  some  states  it  is  600  or  700  and  in  Texas  it  is  900 
square  miles.  Where  no  such  restrictions  have  been  pre- 
scribed, however,  as  in  some  of  the  old  states,  the  area  is 
sometimes  very  small.  In  Rhode  Island,  for  example,  there 
is  one  county  with  an  area  of  only  25  square  miles.  New 
York  has  one  county  (New  York)  with  an  area  of  21  square 
miles,  and  another  (St.  Lawrence)  with  an  area  of  2,880 
square  miles.  On  the  other  hand,  Choteau  county  in 
Montana  has  an  area  of  over  16,000  square  miles,  being 
considerably  larger  than  the  combined  area  of  several  of  the 
smaller  states. 

To  prevent  the  legislature  from  creating  new  counties 
or  altering  the  boundaries  of  existing  counties  against  the 
wishes  of  the  inhabitants,  and  to  secure  to  the  people  home 
rule  in  such  matters,  the  constitutions  of  a  number  of  states 
provide  that  new  counties  may  be  formed,  or  the  area  of 
existing  counties  altered,  only  with  the  consent  of  the  in- 
habitants concerned,  given  by  a  direct  popular  vote  on  the 
question. 

Functions  of  the  County. — The  county  is  a  judicial  and 
elective  district,  and  the  jails  and  courthouses  and  some- 
times the  almshouses  are  county  rather  than  town  institu- 
tions. Outside  of  New  England  the  county  is  also  often  the 
unit  of  representation  in  the  legislature;  and  it  acts  as  an 


1 6  COUNTY   GOVERNMENT 

agent  of  the  state  in  collecting  taxes  and  executing  many 
laws. 

County  Officers. — The  County  Board. — The  principal 
county  authority  is  usually  a  board  of  commissioners  or 
supervisors  (in  Louisiana  it  is  called  the  police  jury),  elected 
by  the  voters  either  from  the  county  at  large  or  from  dis- 
tricts into  which  the  county  is  divided.  In  most  states  it 
is  a  small  board,  usually  three  or  five  members;  in  some 
it  is  larger,  being  composed  of  one  member  from  each  town- 
ship in  the  county.  In  a  few  Southern  states  (Kentucky, 
Tennessee,  and  Arkansas),  the  county  court  of  justices  of 
the  peace  still  acts  as  the  county  board,  as  in  Colonial  days. 

This  board  is  both  a  legislative  and  an  administrative 
body  for  the  county,  for  the  executive  and  legislative  func- 
tions in  local  government  are  not  always  kept  so  separate 
and  distinct  as  they  are  in  the  state  and  national  govern- 
ments. It  levies  taxes,  appropriates  money  for  meeting 
the  public  expenses,  has  general  control  of  county  finances, 
has  charge  of  county  buildings  and  other  property,  settles 
claims  against  the  county,  approves  bonds  of  county  offi- 
cials, and  in  many  states  it  establishes  roads,  lets  con- 
tracts for  the  erection  of  bridges  and  other  public  works 
and  for  repairing  them,  licenses  ferries  and  sometimes  inns, 
saloons,  peddlers,  etc.,  cares  for  the  poor  and  dependent 
classes,  and  performs  numerous  other  services  which  vary 
in  extent  and  character  in  the  different  states. 

The  Sheriff. — The  most  important  executive  officer  of 
the  county  is  the  sheriff.  This, office  is  a  very  ancient  one, 
though  it  has  lost  much  of  its  former  dignity  and  importance. 
The  sheriff  is  elected  by  the  people  of  the  county,  in  all  of 
the  states  except  Rhode  Island  (where  he  is  chosen  by  the 
state  legislature),  for  a  term  ranging  from  one  to  four  years, 
the  most  usual  term  being  two  years.  The  sheriff  is  usually 


PUEBLO  COUNTY  COURT  HOUSE,  COLORADO 


POLK  COUNTY  COURT  HOUSE,  FLORIDA 


COUNTY  OFFICERS  17 

assisted  by  a  number  of  deputies,  who  are  either  regularly 
employed  by  him  or  especially  summoned  in  case  of  emer- 
gencies. He  is  the  general  conservator  of  the  peace  of  the 
county  and  is  charged  with  attending  the  court  as  its  execu- 
tive officer  and  with  carrying  out  its  orders,  whether  it  be 
to  sell  property  for  nonpayment  of  taxes,  to  seize  and  sell 
property  in  execution  of  a  judgment,  or  to  hang  a  con- 
victed criminal.  He  has  the  power,  and  it  is  his  duty,  to 
arrest  offenders  and  commit  them  to  the  jail,  of  which  he  is 
usually  the  custodian,  and  to  this  end  he  may  summon  to 
his  aid  the  posse  comitatus,  which  consists  of  the  able-bodied 
male  citizens  of  the  county.  In  case  of  serious  disturbance 
and  riot  he  may  call  on  the  governor  for  the  aid  of  the 
militia.  He  must  exercise  reasonable  care  for  the  safe- 
keeping of  prisoners  in  his  custody,  and  in  some  states  he 
may  be  removed  from  office  by  the  governor  for  negligence 
in  protecting  them  against  mob  violence.  In  some  of  the 
Southern  states  he  is  ex  officio  tax  collector  and  in  some  he 
is  also  ex  officio  public  administrator.  Other  duties  of  a 
special  nature  are  imposed  upon  sheriffs  in  different  states. 
The  Coroner. — Next  to  the  sheriff  among  county  officers 
in  point  of  origin  is  the  coroner,  whose  principal  duty  is  to 
hold  inquests  upon  the  bodies  of  persons  who  are  supposed 
to  have  died  from  violence  or  other  unlawful  means.  In 
such  cases  it  is  the  duty  of  the  coroner  to  impanel  a  jury, 
usually  of  six  persons,  who  from  the  testimony  of  witnesses, 
if  there  are  such,  and  with  the  aid  of  a  physician  or  other 
expert,  decide  the  facts  as  to  how  the  deceased  met  his 
death.  A  coroner's  inquest,  however,  is  not  a  trial  but 
merely  an  inquiry  into  the  circumstances  of  the  death.  By 
an  old  common-law  rule,  the  coroner  usually  succeeds  to  the 
office  of  sheriff  in  case  the  latter  dies  or  for  any  other  rea- 
son is  disqualified  from  acting. 
Govt.  U.  S.— 2 


18  COUNTY  GOVERNMENT 

County  Clerk. — Usually  in  every  county  tfcere  is  an  official 
called  the  county  clerk,  who  in  most  states  serves  both  as 
the  clerk  of  the  county  board  of  commissioners,  and  as  clerk 
of  the  county  court  and  of  the  circuit  court.  In  the  former 
capacity  he  keeps  a  record  of  the  proceedings  of  the  meeting 
of  the  board.  His  books  must  contain  a  record  of  all  bids 
for  the  erection  of  county  buildings,  of  all  contracts  let, 
notices  of  elections  ordered,  licenses  granted,  roads  laid  out 
or  changed,  and  indeed  of  all  transactions  of  the  board.  As 
clerk  of  the  court  he  must  prepare  and  keep  the  docket  of  all 
cases  for  trial  and  of  the  judgments  entered,  issue  processes 
and  writs,  certify  to  the  accuracy  of  transcripts  from  the 
records  of  the  court,  and  keep  all  papers  and  records  of  the 
court.  In  Pennsylvania  and  Delaware  the  clerk  of  the 
common  pleas  court  is  known  as  a  "prothonotary";  in 
Massachusetts  the  clerks  of  the  probate  courts  are  styled 
"registers  of  probate." 

In  a  few  states  these  two  sets  of  duties  are  intrusted  to 
different  officials,  one  of  whom  is  styled  the  county  clerk 
and  the  other  the  clerk  of  the  court.  Usually  the  county 
clerk  is  also  an  election  officer,  being  charged  with  the 
giving  of  notices  of  elections,  the  preparation  of  ballots,  and 
the  keeping  of  election  records.  County  clerks  are  usually 
elected  by  the  people  of  the  county  for  a  period  ranging 
from  one  to  four  years,  and  reelection  is  much  more  fre- 
quent than  is  the  case  with  other  county  officials,  because 
of  the  greater  need  of  experience  and  familiarity  with  the 
duties  of  the  office.1 

County  Treasurer. — An  important  county  officer  is  the 
treasurer,  who  receives  and  has  custody  of  the  state  and 

iln  Vermont  and  Connecticut,  however,  they  are  appointed  by 
the  judges  and  hold  during  their  pleasure,  while  in  Rhode  Island  they 
are  elected  by  the  legislature  annually. 


COUNTY  OFFICERS  19 

county  taxes,  though  in  a  few  states  having  the  county 
system  of  local  government  there  are  special  tax  collectors, 
and,  as  we  have  seen,  in  some  of  them  these  duties  are  per- 
formed by  the  sheriff.1  Nearly  everywhere  the  office  is 
filled  by  popular  election,  though  in  a  few  states  treasurers 
are  chosen  by  the  county  board  or  appointed  by  the  gover- 
nor. On  account  of  the  large  sums  of  money  often  intrusted 
to  their  keeping,  they  are  usually  placed  under  heavy  bond 
to  insure  the  state  and  county  against  loss  in  case  of  defal- 
cation or  other  misapplication  of  the  funds  in  their  charge. 
County  treasurers  frequently  deposit  the  public  funds  in 
local  banks  and  retain  for  themselves  the  interest  which 
they  receive  therefrom.  Recently  the  treasurer  of  Cook 
county,  Illinois,  agreed  before  his  election  to  turn  over  to 
the  county  all  interest  received  by  him  on  county  funds 
deposited  in  banks,  and  in  1904  nearly  half  a  million  dollars 
was  thus  paid  into  the  county  treasury  by  him. 

County  Auditor. — In  a  number  of  states  the  office  of 
county  auditor  has  been  provided.  Generally  he  keeps 
the  accounts  of  the  county,  so  as  to  show  the  receipts  and 
expenditures  of  the  public  moneys,  and  issues  warrants 
upon  the  treasurer  for  the  payment  of  bills  authorized  by 
the  county  board.  In  some  states  his  duties  are  limited 
merely  to  an  examination  of  the  accounts  of  county  officers 
to  see  that  they  have  been  properly  kept  and  that  there 
has  been  no  misapplication  of  public  funds. 

Recorder  of  Deeds. — In  all  the  states  there  are  officials 
charged  with  keeping  records  of  certain  legal  documents 
such  as  deeds,  mortgages,  and  leases.  They  are  designated 
by  different  names,  the  most  usual  being  register  of  deeds 

1  Rhode  Island  is  the  only  state  in  which  there  is  no  such  official  as 
the  county  treasurer,  the  custody  of  local  funds  being  intrusted  to  the 
town  treasurers. 


20  COUNTY  GOVERNMENT 

or  recorder  of  deeds.  They  make  exact  copies  of  the  instru- 
ments to  be  recorded,  enter  them  in  large  books,  and  keep 
indexes  by  which  such  instruments  can  be  readily  found. 
In  some  states  these  duties  are  performed  by  the  county 
clerk.  The  importance  of  the  office  is  evident  because  upon 
the  careful  preservation  and  accuracy  of  the  records  must 
depend  in  many  cases  our  rights  to  property. 

School  Officers. — In  the  states  outside  New  England  there 
is  usually  a  county  superintendent  or  commissioner  of 
schools  and  in  most  of  the  Southern  states  a  county  school 
board.  In  a  large  majority  of  the  states  the  county  superin- 
tendent is  elected  by  the  people,  though  in  a  few  he  is  ap- 
pointed by  the  governor,  elected  by  the  local  school  boards, 
or  chosen  in  other  ways.  The  principal  duties  of  the  super- 
intendent of  schools  are  to  examine  teachers,  issue  certifi- 
cates to  teach,  visit  the  schools,  organize  teachers'  institutes, 
give  advice  on  educational  matters  to  teachers  and  school 
trustees,  make  reports  to  the  state  superintendent  of  public 
education,  sometimes  decide  questions  appealed  to  him 
from  the  district  trustees,  and  in  general  watch  over  and 
promote  the  educational  interests  of  the  county.  County 
school  boards  in  the  South  establish  schools  as  do  the  town 
school  committees  and  school  district  boards  in  other  states. 

Other  County  Officials  are  the  surveyor,  who  makes  sur- 
veys of  land  upon  the  application  of  private  owners,  pre- 
pares plats,  and  keeps  records  of  the  same;  superintendent 
or  overseers  of  the  poor,  who  have  charge  of  almshouses, 
hospitals,  and  poor  farms  where  they  belong  to  the  county; 
health  officers  or  boards  of  health,  whose  duties  are  indi- 
cated by  their  titles;  and  occasionally  other  minor  officials 
with  varying  titles  and  duties.1 

1  The  county  court  and  the  justices  of  the  peace  are  discussed  in 
the  chapter  on  the  state  judiciary  (chapter  vi). 


THE  TWO  TYPES  21 

THE  COUNTY-TOWNSHIP  SYSTEM 

In  most  states  the  general  type  of  local  government  is 
that  which  we  have  designated  as  the  county-township 
system.  It  is  a  system  in  which  there  is  a  more  nearly 
equal  division  of  local  governmental  functions  between 
the  county  and  township  than  is  found  either  in  New  Eng- 
land or  in  the  Southern  states. 

The  Two  Types. — Growing  out  of  the  fact  that  the  county- 
township  system  has  two  sources  it  has  developed  into  two 
different  types:  the  New  York  or  supervisor  type  and  the 
Pennsylvania  or  commissioner  type. 

A.  New  York  Type. — In  New  York  the  town  with  its 
annual  meeting  early  made  its  appearance,  though  the 
town  meeting  there  never  exhibited  the  vigor  and  vitality 
that  it  did  in  New  England.  Early  in  the  eighteenth  cen- 
tury a  law  was  enacted  in  New  York  providing  that  each 
township  -in  the  county  should  elect  an  officer  called 
a  supervisor,  and  that  the  supervisors  of  the  several  towns 
should  form  a  county  board  and  when  assembled  at  the 
county  seat  should  "  supervise  and  examine  the  public 
and  necessary  charge  of  each  county."  In  time  the  man- 
agement of  most  of  the  affairs  of  the  county  was  devolved 
upon  the  board  of  supervisors,  and  the  system  has  con- 
tinued to  the  present.  This  board  is  now  composed  of 
not  only  the  supervisors  of  the  townships  but  also  the 
representatives  of  the  various  villages  and  wards  of  the 
cities  within  the  county.  The  county  board  thus  represents 
the  minor  civil  divisions  of  the  county  rather  than  the 
county  as  a  whole.  It  has  charge  of  various  matters  that 
in  New  England  are  managed  by  the  towns.  The  town 
meeting  exists  but  it  is  not  largely  attended,  and  does  not 
play  the  important  role  in  local  government  that  it  does  in 


22  THE  COUIXITY-TOWNSHIP  SYSTEM 

New  England.  This  system  in  time  spread  to  those  states, 
like  Michigan,  Illinois,  and  Wisconsin,  which  were  largely 
settled  by  immigrants  from  New  York. 

B.  The  Pennsylvania  Type. — As  New  York  was  the 
parent  of  the  supervisor  system,  Pennsylvania  became  the 
parent  of  the  commissioner  system.  Instead  of  a  county 
board  composed  of  representatives  from  the  various  town- 
ships in  the  county,  provision  was  made  for  a  board  of 
commissioners  elected  from  the  county  at  large.  The  Penn- 
sylvania system  spread  to  Ohio  and  from  there  to  Indiana 
and  later  to  Iowa,  Kansas,  Missouri,  Nebraska,  North 
Dakota,  and  South  Dakota.  In  some  states  the  commis- 
sioners are  elected  by  large  districts  into  which  the  county 
is  divided  for  that  purpose. 

Thus,  first  to  New  York,  and  second  to  Pennsylvania, 
belongs  the  honor  of  predetermining  the  character  of  local 
government  in  the  West.  The  county-township  system 
is  the  most  widely  distributed  system  of  local  government 
in  the  United  States,  and  seems  destined  to  become  the  pre- 
vailing system  for  the  country  as  a  whole.1  The  principal 
difference  between  the  two  types  consists  in  the  presence 
of  the  town  meeting  in  the  northern  tier  of  states  where 
the  New  York  type  prevails,  and  its  absence  in  the  states 
where  the  Pennsylvania  type  was  introduced;  in  the  differ- 
ent manner  in  which  the  county  boards  are  constituted;  and 
in  the  relative  importance  of  the  county  and  township  in 
the  local  governments  of  the  two  groups  of  states. 

Conflict  of  Different  Systems  in  the  West.— An  illus^ 
tration  of  the  attachment  of  the  people  of  different  parts 
of  the  country  to  the  local  institutions  to  which  they  were 
early  accustomed,  is  found  in  the  conflict  which  took  place 
in  Illinois  between  the  settlers  in  the  northern  and  southern 

1  Goodnow.  "  Comparative  Administrative  Law,"  Vol.  I,  p.  178. 


CONFLICT  OF  DIFFERENT  SYSTEMS  23 

parts  of  the  state.  The  southern  part  of  the  state  was 
settled  largely  by  people  from  the  South,  who  brought  with 
them  the  Southern  ideas  of  local  government,  and  as  they 
constituted  the  bulk  of  the  population  of  the  state  at  the 
time  it  was  admitted  to  the  Union,  the  system  of  county 
government  was  established  by  law  throughout  the  state; 
but  the  county  board  was  organized  on  the  Pennsylvania 
plan  and  not  according  to  the  old  Southern  system.  The 
northern  part  of  the  state,  on  the  other  hand,  was  settled 
mainly  by  people  from  New  England,  who  were  likewise 
strongly  attached  to  the  local  government  to  which  they 
had  been  accustomed.  They  succeeded,  therefore,  in  secur- 
ing the  adoption  of  a  clause  in  the  constitution  (1848), 
allowing  the  people  of  each  county  to  adopt  the  township 
system  whenever  the  majority  of  the  legal  voters  of  the 
county  voting  at  any  general  election  should  so  determine. 
Under  the  operation  of  this  "home  rule"  provision,  85  of 
the  102  counties  of  the  state  have  adopted  the  township 
system.  A  somewhat  similar  conflict  occurred  in  Michi- 
gan, where  the  Pennsylvania  commissioner  system  was  first 
introduced,  but  with  the  influx  of  inhabitants  from  New 
York  and  New  England  dissatisfaction  with  that  system 
increased  until  finally  it  was  displaced  by  the  New  York 
or  supervisor  type. 

References. — BEARD,  American  Government  and  Politics,  ch.  xxix. 
BRYCE,  The  American  Commonwealth  (abridged  edition),  chs.  xlvii- 
xlviii.  FAIRLIE,  Local  Government  in  Towns,  Counties  and  Villages, 
chs.  iv-v,  viii-xi.  FISKE,  Civil  Government  in  the  U.  S.,  chs.  ii-iv. 
HART,  Actual  Government,  ch.  x.  HINSDALE,  American  Government, 
ch.  Iv.  WILSON,  The  State  (revised  edition),  sees.  1035-1043.  WIL- 
LOTJGHBY,  Rights  and  Duties  of  Citizenship,  pp.  260-265. 

Documentary  and  Illustrative  Material. — i.  A  map  of  the  state  show- 
ing its  division  into  counties.  2.  A  map  of  the  county  showing  the 
towns,  townships,  supervisors'  districts,  or  other  civil  subdivisions.  3.  A 


24  LOCAL  GOVERNMENT 

copy  of  a  town  meeting  warrant.  4.  A  copy  of  the  proceedings  of  the 
county  board  or  town  meeting,  as  published  in  the  local  newspaper. 
5.  The  legislative  manual  or  blue  book  of  the  state  in  which  lists  of 
counties  and  their  subdivisions,  with  their  population,  area,  officers, 
and  other  information  may  be  found.  Usually  this  may  be  procured 
from  the  secretary  of  state.  6.  Reports  of  county  officers.  7.  Copies 
of  the  state  constitution,  which  may  usually  be  obtained  from  the 
secretary  of  state;  and,  if  possible,  a  copy  of  the  revised  statutes  of  the 
state.  8.  Volume  of  the  census  report  on  population. 

RESEARCH  QUESTIONS 

1.  What  is  the  distinction  between  local  self-government  and  cen- 
tralized government?    What  are  the  advantages  of  a  system  of  local 
self-government? 

2.  Why  should  counties,  towns,  and  cities  be  subject  in  some 
measure  to  the  control  of  the  state? 

3.  What  are  the  provisions  in  the  constitution  of  your  state  in 
regard  to  local  government? 

4.  How  many  counties  are  there  in  your  state?    What  is  the  area 
and  population  of  the  largest?  of  the  smallest? 

5.  How  may  new  counties  be  created  in  your  state?    How  may  old 
counties  be  divided?    How  are  county  seats  located? 

6.  Enter  in  your  notebook  a  list  of  the  county  officers  in  your 
county.    For  how  long  a  term  is  each  elected? 

7.  Which  one  of  the  three  forms  of  local  government  described 
above  does  the  system  under  which  you  live  most  nearly  approach? 

8.  How  many  members  are  there  on  your  county  board?     Are 
they  called  commissioners  or  supervisors?     Are  they  elected  from 

j  the  county  at  large  or  from  districts? 

9.  What  are  the  political  subdivisions  of  your  county  called,  and 
bow  many  are  there? 

10.  If  you  live  in  a  state  where  the  town  system  of  local  govern- 
ment exists,  make  a  list  of  the  town  officers  and  state  their  duties. 

11.  Is  the  town  meeting  a  part  of  the  system  of  local  government 
where  you  live?    If  so,  how  often  is  it  held? 

12.  Are  the  public  roads  in  your  community  under  county  or  town 
control?  the  poorhouse?  the  assessment  and  collection  of  taxes? 

13.  How  many  justices  of  the  peace  and  constables  are  there  in 
your  town  or  district?    Give  their  names. 


CHAPTER  II 

LOCAL  GOVERNMENT,  CONTINUED:  CITIES  AND  VILLAGES 

Need  of  Municipal  Government.— The  systems  of  local 
government  described  in  the  preceding  chapter  are  those 
which  have  been  devised  mainly  for  rural  communities, 
that  is,  communities  containing  a  scattered  population  en- 
gaged principally  in  agricultural  pursuits.  In  a  sparsely 
settled  community  the  governmental  needs  of  the  people 
are  comparatively  few,  and  a  simple  governmental  organi- 
zation is  sufficient  for  supplying  those  needs.  In  a  densely 
populated  community,  however,  a  more  complex  and  differ- 
ently organized  form  of  government  must  be  provided. 
When,  therefore,  a  community  becomes  so  populous  that  it 
cannot  be  governed  effectively  by  town  meetings,  small 
boards,  and  the  other  forms  of  political  machinery  de- 
scribed in  the  previous  chapter,  it  is  incorporated  as  a  mu- 
nicipality, that  is,  the  state  gives  it  a  charter  which  con- 
fers upon  it  special  powers  and  privileges  and  provides  it 
with  a  somewhat  different  type  of  local  government  for  the 
exercise  of  those  powers.  The  minimum  population  neces- 
sary to  constitute  a  city  varies  in  the  different  states.  They 
all  require,  however,  that  there  must  be  a  considerable  num- 
ber of  inhabitants  occupying  a  comparatively  small  area  of 
territory,  before  the  community  can  be  incorporated  as  a 
city.  In  Illinois,  for  example,  any  community  having  at 
least  1,000  inhabitants  resident  within  an  area  not  exceed- 
as 


•26  MUNICIPAL  GOVERNMENT 

ing  four  square  miles  may  become  a  city.  In  some  other 
states,  a  population  of  not  less  than  5,000  is  required,  while 
in  some  a  still  larger  number  is  required.  The  census 
bureau  of  the  United  States,  for  statistical  purposes,  has 
at  different  times  taken  8,000  and  2,500  as  the  minimum 
population  required  to  constitute  a  city. 

Growth  of  Cities. — One  of  the  most  remarkable  political 
and  social  facts  of  the  past  century  was  the  growth  of 
towns  and  cities.  When  the  Constitution  of  the  United 
States  went  into  operation  there  were  but  thirteen  cities 
in  the  whole  country  with  populations  exceeding  5,000 
each.  Only  about  four  per  cent  of  the  people  then  lived 
under  urban  conditions:  rural  life  was  the  rule,  and  city 
life  the  exception.  Since  the  middle  of  the  last  century, 
however,  there  has  been  a  remarkable  change  in  the  rela- 
tive proportion  of  the  total  population  living  in  the  cities 
and  in  the  country.  According  to  the  federal  census  of 
1920  there  were  1,500  cities  in  the  United  States  with  a 
population  of  more  than  5,000  each,  and  1,313  additional 
cities  and  towns  of  over  2,500  each.  In  this  urban  terri- 
tory lived  51.4  per  cent  of  all  the  people.  In  Massachu- 
setts about  95  per  cent  of  the  people  now  live  in  cities  and 
towns  of  over  2,500  inhabitants,  and  in  a  few  other  states 
the  urban  population  constitutes  more  than  two  thirds  of 
the  whole.  More  than  half  the  population  of  New  York 
state  is  now  found  in  the  city  of  New  York  alone.  Even  in 
several  states  of  the  West,  as  Illinois,  more  than  half  the 
population  is  now  living  under  urban  conditions.  What  is 
even  more  remarkable  has  been  the  rapidity  with  which 
many  American  cities  have  grown  to  their  present  size, 
Thus  New  York  in  a  period  of  100  years  grew  from  a  city 
of  50,000  inhabitants  to  a  city  of  more  than  4,000,000. 
The  growth  of  Chicago  was  even  more  rapid.  In  1907 


GROWTH  OF  CITIES  27 

there  was  still  living  in  that  city  the  first  white  person 
born  within  its  present  limits.  This  person  saw  Chicago 
grow  from  a  petty  prairie  village  to  a  city  of  more  than 
2,000,000  souls. 

Causes  of  City  Growth. — The  causes  that  have  led  to 
the  extraordinary  growth  of  cities  are  partly  economic  and 
partly  social.  With  the  more  general  use  of  labor-saving 
machinery  in  agriculture  the  number  of  men  necessary  to 
cultivate  the  farms  and  supply  the  world  with  food  has  de- 
creased relatively,  leaving  a  larger  number  to  engage  in  the 
manufacturing  and  other  industries  which  are  generally 
centered  in  the  cities.  One  man  with  a  machine  can  now 
do  the  work  on  the  farm  which  formerly  required  several, 
so  that  fewer  farmers  in  proportion  to  the  total  popula- 
tion are  needed.  On  the  other  hand,  the  development  of 
trade  and  commerce  and  the  rise  of  the  manufacturing  in- 
dustries have  created  an  increasing  demand  for  city  workers. 
Many  persons  are  also  drawn  away  from  the  country  by 
the  social  attractions  and  intellectual  advantages  which  the 
cities  offer.  In  the  cities,  good  schools  are  abundant  and 
convenient.  There  also  are  colleges,  libraries,  picture  galler- 
ies, museums,  theaters,  and  other  institutions  for  amusement 
and  education.  There  the  daily  newspaper  may  be  left  at 
one's  door  often  for  a  cent  a  copy;  there  are  to  be  found  fine 
churches  with  pulpits  occupied  by  able  preachers;  there  one 
finds  all  the  conveniences  of  life  which  modern  science  and 
skill  can  provide — everything  to  gratify  the  social  instinct, 
and  little  or  none  of  the  dullness  of  country  life.  These  are 
some  of  the  attractions  that  lure  the  young  and  the  old  as 
well  from  the  rural  communities  to  swell  the  population  of 
the  cities.  These  are  the  forces  that  are  converting  us  from 
a  nation  of  country  dwellers  to  a  nation  of  city  dwellers. 

Consequences  of  City  Growth. — The  congestion  of  the 


28  MUNICIPAL  GOVERNMENT 

population  in  the  towns  and  cities  has  had  far-reaching 
economic,  social,  and  political  effects. 

Economic  Results. — As  the  city  population  becomes  more 
dense  the  number  of  those  who  are  able  to  own  their  own 
homes  becomes  less,  and  thus  the  city  tends  more  and 
more  to  become  a  community  of  tenants.  According  to  the 
census  of  1900,  while  more  than  64  per  cent  of  the  families 
of  the  United  States  living  on  farms  owned  their  own 
homes,  less  than  35  per  cent  of  those  living  in  cities  were 
owners  of  the  houses  they  occupied.  In  New  York  city 
the  proportion  was  only  about  12  per  cent,  and  in  the 
boroughs  of  Manhattan  and  the  Bronx  it  was  less  than  6 
per  cent.  Of  these  hardly  more  than  2  per  cent  owned 
homes  that  were  clear  of  mortgages. 

Social  Results. — Another  result  of  the  movement  of  the 
people  to  the  cities  is  the  evil  of  overcrowding.  Manifestly 
where  the  area  of  a  city  is  limited,  as  is  often  the  case,  there 
must  come  a  time  when  the  population  will  be  massed 
and  crowded  together  under  circumstances  that  are  dan- 
gerous to  the  health,  morals,  and  comfort  of  the  people.  In 
some  of  the  large  cities  to-day  the  conditions  resulting  from 
overcrowding  are  truly  shocking.  According  to  the  census 
of  1900,  while  the  average  number  of  persons  to  a  dwelling 
throughout  the  country  as  a  whole  was  about  five,  the 
number  in  New  York  city  was  nearly  fifteen,  and  in  the 
boroughs  of  Manhattan  and  the  Bronx  it  was  more  than 
twenty.  In  several  parts  of  the  city  there  are  blocks  con- 
taining more  than  1,000  persons  to  the  acre.  Under  such 
circumstances  the  rate  of  mortality  is  necessarily  high,  and 
immorality  and  vice  are  encouraged.  In  the  great  cities  one 
finds  a  large  floating  population  with  no  local  attachment 
or  civic  pride,  and  thousands  of  persons,  foreigners  and 
natives  alike,  with  low  standards  of  life.  There  also  the 


CONSEQUENCES  OF  CITY  GROWTH  29 

individual  is  lost  in  a  multitude,  and  the  restraining  in- 
fluence of  public  opinion,  which  is  so  powerful  in  the  coun- 
try, is  lacking.  Thus  the  tendency  to  wrongdoing  is  greatly 
accentuated. 

Political  Results. — Finally,  the  growth  of  the  cities  has 
had  important  political  consequences,  in  that  it  has  given 
rise  to  conditions  that  have  increased  enormously  the 
problems  of  local  government.  As  long  as  the  population 
of  the  nation  was  predominantly  rural  and  the  cities  few 
in  number  and  small  in  size,  the.  difficulties  of  local  govern- 
ment were  not  serious.  But  the  presence  of  such  conditions 
as  those  described  above,  together  with  the  task  which 
devolves  upon  the  city  of  performing  so  many  services  for 
the  people  that  are  not  required  in  sparsely  settled  com- 
munities, has  made  the  problem  of  city  government  the 
most  difficult  of  all  governmental  problems. 

Movement  to  Check  Immigration  to  the  Cities. — The 
abandonment  of  the  farms  and  the  movement  of  the  people 
to  the  cities  is  viewed  by  many  persons  with  regret,  not  to 
say  alarm.  There  are  some  who  think  that  the  cities  are 
the  plague  spots  of  the  country,  that  city  life  tends  to  pro- 
duce an  enfeebled  race  with  low  moral  standards;  that  they 
are  tending  to  make  of  us  a  nation  of  tenants,  tramps, 
anarchists,  and  criminals;  and  that  the  economic  welfare 
of  the  country  is  being  endangered  by  the  drift  away  from 
the  farm.  Such  a  view,  of  course,  represents  an  exagger- 
ated conception  of  the  dangers,  though  it  will  be  readily 
admitted  that  the  change  is  not  without  serious  evils. 

Lately  we  have  heard  a  great  deal  of  discussion  among 
thoughtful  men  as  to  the  possibility  of  checking  the  move- 
ment of  the  young  to  the  cities.  And  notwithstanding  the 
movement  from  the  country  to  the  city  it  is  evident  that 
the  conditions  of  rural  life  are  much  more  favorable  than 


30  MUNICIPAL  GOVERNMENT 

formerly.  The  daily  free  delivery  of  mail  at  the  doors  of 
the  farmers,  the  extension  of  the  parcel  post  service,  the 
introduction  of  the  telephone  and  the  interurban  railway, 
to  say  nothing  of  the  use  of  labor-saving  machinery,  have 
done  much  to  add  to  the  attractiveness  of  country  life  and 
to  diminish  the  hardships  of  farm  life  and  other  rural  occu- 
pations. But  these  advantages  have  not  checked  the  move- 
ment to  the  cities,  and  other  remedies  must  be  found. 

The  Position  of  the  City  in  the  State. — The  city  oc- 
cupies a  twofold  position  in  the  state  of  which  it  is  a 
part.  In  the  first  place,  it  is  an  agent  of  the  state  for  carry- 
ing out  certain  state  laws  and  policies.  Thus  it  acts  for 
the  state  when  it  protects  the  public  health,  cares  for  the 
poor,  maintains  peace  and  order,  supports  education,  and 
collects  the  taxes  for  the  state.  In  the  second  place,  the 
city  undertakes  to  perform  numerous  services  which  are 
of  interest  to  the  people  of  the  locality  alone  and  which 
do  not  concern  the  people  of  the  state  as  a  whole.  When 
acting  in  this  latter  capacity/the  city  is  merely  an  organ 
of  local  government  and  not  an  agent  of  the  state.  Thus 
the  city  sometimes  supplies  the  inhabitants  with  light  and 
water,  protects  them  against  fire,  maintains  sewers,  dis- 
poses of  garbage  and  other  refuse,  builds  wharves,  docks, 
and  bridges,  and  maintains  public  libraries,  museums,  bath 
houses,  and  other  institutions. 

State  Control  of  Cities. — The  organization,  powers,  and 
privileges  of  the  city  are  determined  for  the  most  part  by 
the  state  constitution  and  laws.  In  a  few  states  the  finan- 
cial transactions  of  city  officials  are  subject  to  state  in- 
spection and  audit,  and  in  practically  all  of  them  their  power 
to  levy  taxes  and  borrow  money'is  placed  under  restrictions. 
It  is  felt  that  if  the  cities  were  left  entirely  free  from  state 
control  they  could  not  always  be  relied  upon  by  the  state 


POSITION  OF  THE  CITY  IN  THE  STATE  31 

to  carxy  out  the  laws  which  they  are  charged  with  enforc- 
ing, and  that  in  other  respects  their  action  might  not  be 
in  harmony  with  the  general  policy  of  the  state.  In  those 
matters,  however,  which  are  of  purely  local  interest,  the 
state  should  interfere  as  little  as  possible.  Interference  in 
such  cases  is  contrary  to  the  ideas  of  local  self-government 
which  Americans  cherish  as  one  of  their  most  valuable 
rights.  However,  the  right  of  the  people  living  in  cities 
to  regulate  their  own  local  affairs  according  to  their  own 
notions  is  not  always  recognized,  and  there  are  frequent 
complaints  that  state  legislatures  have  interfered  when  the 
interests  of  the  state  did  not  justify  it. 

The  City  Charter. — The  city,  unlike  the  county,  town- 
ship, and  other  minor  civil  divisions  described  in  the  pre- 
ceding chapter,  has  a  charter  granted  to  it  by  the  state 
which  gives  the  city  more  of  the  character  of  a  public  corpo- 
ration. The  charter  contains  the  name  of  the  place  in- 
corporated, a  description  of  its  boundaries,  its  form  of 
organization,  an^l  a  detailed  enumeration  of  the  powers 
which  it  may  exercise.  It  is  granted  by  the  state  legislature, 
though,  unlike  the  charter  granted  to  a  private  corpora- 
tion, such  as  a  bank  or  a  railway  company,  it  is  not  a  con- 
tract but  simply  a  legislative  act  which  may  be  repealed  or 
altered  at  the  will  of  the  legislature.  Thus,  legally,  the 
city  is  at  the  mercy  of  the  legislature.  Its  charter,  indeed, 
may  be  taken  away  from  it  and  the  city  governed  directly 
by  the  legislature  in  such  manner  as  it  may  choose,  and 
this  has  sometimes  been  done  in  the  case  of  cities  which 
grossly  abused  their  powers  or  got  themselves  into  such 
hopeless  financial  condition  that  they  were  unable  to  meet 
their  obligations  or  properly  discharge  their  duties. 

Methods  of  Granting  Charters. — Formerly  it  was  the  cus- 
tom in  most  states  for  the  legislature  to  frame  a  charter  for 


32  MUNICIPAL  GOVERNMENT 

each  city  as  application  was  made.  The  result  was  that 
different  cities  received  different  kinds  of  charters,  some 
more  liberal  than  others.  Besides,  the  time  of  the  legis- 
lature was  taken  up  with  the  consideration  of  applications 
for  charters,  and  abundant  opportunities  were  offered  for 
favoritism  and  for  the  use  of  improper  influences  upon 
members  of  the  legislature  by  cities  that  desired  new  char- 
ters or  amendments  to  existing  charters.  To  avoid  these 
evils  many  states  adopted  the  practice  of  passing  a  gen- 
eral law  for  the  government  of  all  cities  in  the  state,  un- 
der which  any  community  which  desired  to  be  incorpo- 
rated as  a  city  might  by  fulfilling  certain  prescribed  con- 
ditions be  organized  under  this  general  act,  which  then  be- 
came the  charter  of  the  city.  Under  this  system  all  cities 
in  the  state  would  have  practically  the  same  organization 
and  powers. 

"Home  Rule'1  Charters.— The  feeling  that  the  people 
concerned  should  be  given  some  power  in  framing  the 
charters  under  which  they  are  to  be  governed  has  led  in 
comparatively  recent  times  to  the  adoption  of  "  home 
rule  "  provisions  in  the  constitutions  of  a  number  of  states 
— that  is,  provisions  allowing  the  people  of  each  city, 
under  certain  restrictions,  to  frame  their  own  charters. 
Thus  the  Missouri  constitution,  adopted  in  1875,  allows 
each  city  of  more  than  100,000  inhabitants  to  prepare  its 
own  charter,  which,  when  approved  by  the  voters,  shall  go 
into  effect  provided  it  is  not  inconsistent  with  the  state 
law.  Other  states  having  "  home  rule  "  charter  provisions 
in  their  constitutions  are  California,  Oregon,  Washington, 
Minnesota,  Colorado,  Oklahoma,  Michigan,  Wisconsin, 
Texas,  Ohio,  Nebraska,  Arizona,  and  Connecticut. 

Powers  of  Municipal  Corporations. — With  the  exception 
of  a  few  cities,  of  which  Houston,  Texas,  is  an  example, 


CITY  HALL  AND  MUNICIPAL  BUILDING,  NEW  YORK 

The  City  Hall  is  in  the  foreground ;  the  Municipal  Building,  containing 
additional  office  room  for  city  officials,  is  the  tallest  building  shown. 


THE  CITY  CHARTER  33 

the  powers  that  may  be  exercised  by  a  city  are  specifically 
enumerated  with  great  detail  in  the  charter,  and  where  that 
is  done  no  other  powers  may  be  exercised  by  the  city  except 
such  as  are  clearly  incidental  to,  or  implied  in,  those  enumer- 
ated. Thus  when  the  city  of  New  York  wished  to  build  an 
elevated  railway,  it  had  to  secure  express  authority  from  the 
legislature,  which  body  insisted  that  the  work  should  be 
carried  out  under  the  supervision  of  a  state  commission. 
Likewise  when  the  -city  of  Chicago  wanted  power  to  pre- 
scribe the  width  of  wagon  tires  to  be  used  on  its  streets,  re- 
course had  to  be  made  to  the  state  legislature  for  permis- 
sion, though  in  neither  case  was  the  matter  involved  one 
which  concerned  directly  anybody  except  the  people  of  the 
cities  affected. 

Legislative  Interference  in  the  Affairs  of  Cities. — The 
power  of  the  state  legislature  over  the  cities  has  sometimes 
been  employed  to  interfere  in  their  local  affairs  and  to  force 
upon  the  cities  measures  or  policies  to  which  they  were  op- 
posed. Thus  the  legislature  of  Pennsylvania  passed  an  act 
requiring  the  city  of  Philadelphia  to  build  an  expensive  city 
hall  which  cost  the  taxpayers  of  the  city  something  like 
$20,000,000,  though  it  was  not  a  matter  of  direct  interest 
to  the  people  outside  of  the  city.  Likewise  the  legislature 
of  Ohio  required  the  city  of  Cleveland  to  erect  a  soldiers' 
monument  at  a  cost  of  $300,000  against  the  wishes  of  the 
taxpayers  who  had  to  bear  the  expense. 

Sometimes  the  legislature  employs  its  power  of  control 
over  the  cities  in  the  interest  of  the  political  party  which 
happens  to  be  in  control  of  the  legislature,  and  it  frequently 
passes  laws  relating  to  the  hours  of  opening  and  closing  of 
saloons  in  the  cities  when  local  sentiment  may  be  op- 
posed to  such  laws.  But  as  to  the  moral  right  of  the 
legislature  to  enact  such  laws  as  the  last  mentioned, 
Govt.  U.  S.— 3 


34  MUNICIPAL  GOVERNMENT 

there  is  a  difference  of  opinion.  The  disposition  of  the 
legislature  to  interfere  in  the  affairs  of  the  cities  by  means 
of  special  acts — that  is,  acts  applying  to  a  single  city — has 
come  to  be  a  crying  evil  and  has  been  a  cause  of  complaint 
from  the  people  of  nearly  every  large  city.  The  New  York 
legislature  during  a  period  of  ten  years  passed  nearly  four 
hundred  laws  applying  to  the  city  of  New  York. 

Constitutional  Protection  Against  Special  Legislation. — To 
protect  the  cities  against  special  legislation  and  at  the  same 
time  to  remove  the  opportunity  which  such  a  practice  offers 
for  bribery  and  the  employment  of  other  improper  means 
to  secure  special  legislation  or  to  prevent  it,  when  it  is  not 
desired,  the  constitutions  of  many  states  contain  provisions 
absolutely  prohibiting  the  legislature  from  enacting  laws 
applying  to  particular  cities  except  where  general  laws  are 
inapplicable.  Where  such  constitutional  provisions  have 
been  adopted,  the  legislatures  have  frequently  evaded  them 
by  a  system  of  classification  by  which  acts  are  passed  ap- 
plying to  all  cities  within  a  class  when  in  reality  there  may 
be  but  a  single  city  in  such  a  class.  And  the  courts  have 
generally  held  such  acts  to  be  constitutional  where  the 
classifications  are  not  unreasonable. 

The  New  York  constitution  recognizes  that  special  legis- 
lation applying  to  larger  cities  may  sometimes  be  desirable, 
and  instead  of  forbidding  such  legislation  absolutely  it 
classifies  the  cities  of  the  state  into  three  classes  according 
to  population, — New  York  City,  Buffalo,  and  Rochester  con- 
stituting the  first  class, — and  allows  the  legislature  to  enact 
laws  affecting  a  single  city  within  a  class,  subject  to  the 
condition  that  the  proposed  law  must  be  submitted  to  the 
authorities  of  the  city  affected,  for  their  approval,  and  if  dis- 
approved it  is  void  unless  repassed  by  the  legislature,  Like- 
wise by  recent  amendment  to  the  constitution  of  Illinois 


LEGISLATIVE  INTERFERENCE  35 

the  legislature  of  the  state  is  allowed  to  pass  special  laws 
affecting  the  city  of  Chicago  alone,  but  such  legislation 
cannot  take  effect  until  it  has  been  approved  by  the  voters 
of  the  city  at  a  general  or  special  election. 

Functions  of  Municipal  Government.— The  functions 
and  activities  of  city  government  are  numerous  and  varied, 
much  more  so,  of  course,  in  large  cities  than  in  small  ones. 
First  of  all,  the  problem  of  police  protection,  the  punish- 
ment of  crime,  and  the  care  of  the  public  safety  in  a  com- 
munity where  thousands  of  persons  of  all  nationalities  and 
with  varying  standards  of  respect  for  law  are  living  in  close 
proximity,  is  very  difficult  and  requires  a  small  army  of 
officials  which  would  be  entirely  unnecessary  in  a  rural 
community.  Likewise  the  duty  of  caring  for  the  public 
health,  of  preventing  the  spread  of  disease,  of  securing  a 
wholesome  water  supply,  of  protecting  the  people  against 
impure  and  adulterated  food,  and  of  securing  wholesome 
and  sanitary  conditions  generally,  is  very  much  greater  in 
cities  than  in  sparsely  settled  rural  districts  or  in  villages 
and  small  towns.  Then  there  are  the  problems  of  fire  pro- 
tection, gas  and  electric  light,  street  railway  transportation, 
the  construction  and  maintenance  of  streets,  education, 
building  regulations,  the  care  of  the  poor  and  dependent 
class,  disposal  of  sewage  and  waste,  the  maintenance  of 
hospitals,  libraries,  museums,  and  other  institutions,  the 
regulation  of  traffic  on  the  streets,  and  many  other  activities 
too  numerous  to  mention. 

The  City  Council. — The  legislative  branch  of  most  city 
governments  is  a  council  composed  of  members  elected  by 
the  voters  for  a  term  ranging  from  one  year  in  some  of  the 
cities  of  New  England  to  four  years  in  certain  other  parts 
of  the  country,  the  most  usual  term  being  two  years.  The 
number  of  members  ranges  from  9  in  Boston  to  more  than 


36  MUNICIPAL   GOVERNMENT 

130  in  Philadelphia.  The  city  of  New  York  has  a  council 
of  67  members;  Chicago,  70;  and  San  Francisco,  18.  In 
the  large  majority  of  cities  this  council,  unlike  the  state 
legislatures,  is  a  single-chambered  body,  though  in  a  few 
important  cities,  notably  Philadelphia,  Baltimore,  St. 
Louis,  and  Louisville,  it  is  composed  of  two  houses. 

Mode  of  Election. — Generally,  the  members  of  the  city 
council  are  chosen  by  districts  or  wards,  usually  one  mem- 
ber from  each,  though  in  some  cities  several  are  elected 
from  each  district;  in  Illinois  cities  two  members  are  elected 
from  each  ward  into  which  the  city  is  divided.  Where 
the  council  is  composed  of  two  houses,  the  members  of  the 
upper  house  are  sometimes  chosen  from  the  city  at  large  on 
a  general  ticket,  and  the  members  of  the  lower  house  by 
wards.  In  San  Francisco,  where  the  council  is  composed 
of  but  one  house,  the  eighteen  members  are  elected  from 
the  city  at  large.  The  same  is  true  of  Boston,  whose  coun- 
cil under  the  new  charter  is  composed  of  but  nine  members. 

The  method  of  election  by  wards  is  open  to  the  objec- 
tion that  it  tends  to  the  election  of  inferior  men  and  of 
men  who  are  likely  to  consider  themselves  the  special 
representatives  of  their  wards  rather  than  the  representa- 
tives of  the  people  of  the  city  at  large.  On  the  other  hand, 
election  from  the  city  at  large,  or  election  of  several  mem- 
bers from  large  districts  on  a  general  ticket,  unless  coupled 
with  a  system  of  minority  representation,  is  likely  to  give 
the  majority  party  an  undue  advantage.  Perhaps  the 
best  plan  would  be  to  elect  a  certain  number  from  the  city 
at  large  and  the  rest  by  wards. 

Moreover,  in  some  cities,  of  which  Chicago  is  a  conspic- 
uous example,  the  ward  system  has  led  to  inequality  of 
representation.  Thus  it  has  sometimes  happened  that  cer- 
tain wards  which  are  largely  inhabited  by  the  worst  elements 


THE  CITY  COUNCIL  37 

of  the  population  are  over-represented  as  compared  with 
wards  in  other  parts  of  the  city  inhabited  largely  by  the 
better  class  of  citizens.  Finally,  where  the  ward  system 
prevails,  the  ward  becomes  the  seat  of  a  local  political 
organization  whose  methods  are  so  often  corrupt  and  dis- 
honorable that  they  constitute  a  great  hindrance  to  good 
city  government. 

Powers  of  City  Councils. — Unlike  the  state  legislature, 
which  is  an  authority  of  general  powers,  the  city  council  in 
America  has  only  such  powers  as  are  conferred  upon  it  by 
the  charter  of  the  city.  These  powers  are  numerous  and 
varied  and  relate  to  such  matters  as  the  laying  out  and 
care  of  streets,  the  protection  of  the  public  health,  the 
regulation  of  the  sale  of  liquor,  the  control  of  places  of 
public  amusement,  markets,  bathing  places,  traffic  on  the 
streets,  the  suppression  of  vice  and  immorality,  protection 
against  fire,  the  disposal  of  waste,  the  lighting  of  the 
streets,  and  in  general  the  preservation  of  the  good  order 
and  peace  of  the  community.  Its  powers  are  exercised 
usually  through  acts  called  ordinances,  which  are  framed 
and  enacted  after  the  manner  followed  by  the  legislature 
in  enacting  laws  for  the  government  of  the  state.  The 
power  of  the  council  is  frequently  limited  by  the  state  con- 
stitution or  laws.  Thus  very  frequently  it  is  forbidden  to 
incur  debts  beyond  a  certain  limit,  or  to  levy  taxes  above  a 
certain  amount,  and  frequently  the  purposes  for  which 
taxes  may  be  levied  and  money  appropriated  are  carefully 
specified. 

Franchises. — One  of  the  most  important  powers  of  a 
city  council  is  the  granting  of  franchises  to  street  railway, 
gas,  electric  light,  water,  and  other  public  service  com- 
panies to  maintain  tracks,  wires,  pipe  lines,  etc.,  in  the 
streets  and  other  public  places.  As  these  franchises  are 


38  MUNICIPAL  GOVERNMENT 

often  of  great  value  to  the  companies  receiving  them,  a 
temptation  is  thus  created  for  the  employment  of  bribery 
and  other  improper  means  for  securing  concessions  of  this 
character.  In  some  cities  aldermen  have  been  paid  large 
sums  of  money  for  their  votes  on  franchise  grants,  and  in- 
deed the  practice  has  been  so  often  resorted  to  that  there 
is  a  popular  belief  that  most  public  utility  franchises  in  the 
larger  cities  are  secured  in  this  way.  Formerly  franchises 
were  frequently  granted  for  long  periods  of  years  or  for  an 
indefinite  period,  and  often  without  adequate  compensation 
to  the  city.  This  abuse  became  so  common  that  the  people 
gradually  came  to  adopt  constitutional  provisions  or  state 
laws  limiting  the  periods  for  which  public  service  franchises 
could  be  granted,  and  indeed  a  few,  notably  those  which 
have  adopted  the  commission  form  of  government,  have 
gone  to  the  length  of  making  all  such  grants  subject  to 
the  approval  of  the  voters  of  the  city  at  an  election  held 
for  the  purpose. 

The  Mayor. — The  chief  executive  officer  of  the  city  is 
the  mayor.  With  a  few  unimportant  exceptions  he  is 
elected  by  the  qualified  voters  of  the  city  and  serves  for  a 
term  varying  from  one  to  four  years,  the  most  usual  term 
being  two  years.  In  Boston,  Chicago,  and  New  York  city, 
however,  the  term  is  four  years. 

Powers  and  Duties. — It  is  the  duty  of  the  mayor  to  en- 
force the  ordinances  of  the  city  and  also  such  laws  of  the 
state  as  he  may  be  charged  with  executing.  Like  the 
sheriff  of  the  county,  he  is  a  peace  officer  and  as  such  is 
charged  with  the  maintenance  of  order  and  the  suppres- 
sion of  riots,  and  if  a  disturbance  becomes  so  great  that  it 
cannot  be  suppressed  by  the  police  he  may,  like  the  sheriff, 
call  on  the  governor  for  the  militia.  In  some  cities  he  is 
the  presiding  officer  of  the  city  council,  though  not  a  mem- 


THE  MAYOR  39 

her  of  it.  Generally  he  is  required  to  submit  messages  to 
the  council  concerning  the  condition  of  the  city,  and  may 
recommend  measures  for  its  consideration.  Practically 
everywhere  he  has  the  power  to  veto  ordinances  passed  by 
the  city  council,  and  some  mayors  have  made  extensive  use 
of  this  power.  The  council,  however,  may  pass  an  ordi- 
nance over  the  mayor's  veto. 

One  of  the  important  powers  of  the  mayor  is  the  ap- 
pointment of  officials,  though  usually  the  assent  of  the 
council  is  necessary  to  the  validity  of  most  appointments. 
In  recent  years  there  has  been  a  considerable  extension  of 
this  power  in  a  number  of  the  large  cities,  where  the  mayor 
has  been  given  the  absolute  power  of  appointing  the  heads 
of  the  administrative  departments.  Indeed,  the  tendency 
now  seems  to  be  in  the  direction  of  concentrating  larger 
powers  of  appointment  in  his  hands  as  a  means  of  fixing 
responsibility  more  definitely.  There  is  also  a  tendency  in 
the  direction  of  giving  him  a  large  power  of  removal,  sub- 
ject to  the  provision  that  the  official  shall  be  removed  only 
for  good  cause  and  that  he  shall  be  given  a  hearing  and  an 
opportunity  to  answer  the  charges  made  against  him. 

Finally,  the  mayor  usually  has  the  power  to  grant  par- 
dons for  violations  of  the  ordinances  of  the  city,  and  this 
power  is  sometimes  extensively  used.  Thus  during  the 
year  1909  the  mayor  of  Chicago  released  more  than  1,100 
offenders  who  had  been  committed  to  prison,  or  about 
10  per  cent  of  the  whole  number  committed.  In  some 
cities  also  he  may  remit  fines  that  have  been  paid  for  vio- 
lations of  city  ordinances. 

Administrative  Departments. — Single  Commissioner  Sys- 
tem vs.  the  Board  System. — In  every  large  city  there  are,  in 
addition  to  the  mayor,  a  number  of  departments  each 
charged  with  the  conduct  of  some  particular  branch  of  the 


40  MUNICIPAL  GOVERNMENT 

city's  affairs.  They  are  organized  on  one  of  two  principles: 
each  is  under  the  control  either  of  a  board  or  of  a  single 
commissioner.  Each  method  of  organization  has  its  ad- 
vantages and  disadvantages,  but  experience  has  shown 
that  the  single-headed  department  is  the  one  best  calcu- 
lated to  secure  efficiency  and  responsibility,  and  it  is  the 
one  most  generally  employed.  The  board  system  is  well 
adapted  to  secure  deliberation,  but  not  promptness  and 
unity  of  action  nor  responsibility,  because  one  member 
may  easily  shift  the  responsibility  for  an  error  or  blunder 
upon  his  colleagues.  But  for  certain  branches  of  admin- 
istration such  as  the  civil  service,  park  administration,  school 
administration,  assessments,  and  possibly  others,  the  board 
system  has  important  advantages. 

Number  of  Departments. — The  number  of  these  adminis- 
trative departments  varies  widely  among  the  different 
cities  of  the  country.  In  general  we  find  the  following  de- 
partments: a  finance  department,  a  law  department,  a 
health  department,  a  fire  department,  a  police  department, 
a  department  of  charities,  and  a  department  of  public 
works.  In  some  cities,  however,  the  number  of  departments 
is  much  larger  than  this.  Thus  in  some  we  find  a  street 
cleaning  department,  a  department  of  buildings,  a  sewer 
department,  a  department  of  parks,  a  department  of  docks, 
and  so  on. 

Choice  of  Heads  of  Departments. — The  heads  of  these 
departments  are  in  most  cases  appointed  by  the  mayor, 
to  whom  they  are  responsible,  though  nearly  everywhere 
the  approval  of  the  council  is  necessary  to  his  appointments. 
In  recent  years  there  has  been  more  or  less  criticism  of  the 
practice  of  choosing  administrative  officials  by  popular  elec- 
tion. In  every  large  city  there  is  a  great  mass  of  unintelli- 
gent voters  who  are  easily  controlled  by  corrupt  and  schem- 


ADMINISTRATIVE  DEPARTMENTS  41 

ing  politicians.  Moreover,  it  is  impossible  for  the  voters 
in  a  large  city,  however  intelligent  they  may  be,  to  become 
acquainted  with  the  merits  of  all  the  numerous  candidates 
when  there  are  a  considerable  number  of  offices  to  be  filled. 
It  is  believed  by  many  municipal  reformers,  therefore,  that 
better  results  could  be  obtained  by  allowing  the  mayor  to 
choose  all  the  heads  of  important  departments,  except  pos- 
sibly the  chief  finance  officer,  who  might  properly  be 
chosen  by  the  people.  For  the  selection  of  the  large  num- 
ber of  subordinate  officials,  the  best  method  yet  devised  is 
that  known  as  the  civil  service  system,  which  has  been  in- 
troduced in  most  of  the  larger  cities.  Under  this  system 
appointments  are  made  on  the  basis  of  merit  and  fitness, 
which  qualities  are  ascertained  by  an  examination  by  a 
board  of  civil  service  commissioners. 

City  Finances. — One  of  the  most  remarkable  features  of 
American  municipal  development  has  been  the  extraor- 
dinary growth  of  municipal  expenditures.  The  functions 
and  activities  of  modern  city  government  are  indeed  so 
numerous  and  varied  as  to  require  a  larger  number  of 
officials  and  a  greater  expenditure  of  money  than  is  re- 
quired for  the  conduct  of  any  other  of  the  various  govern- 
ments under  which  we  live.  By  far  the  larger  part  of  the 
taxes  contributed  by  those  who  live  in  the  cities  go  to  meet 
the  expenses  of  municipal  government.  In  1920  the  budget 
of  New  York  city  was  over  $270,000,000,  while  that  of 
Chicago  was  about  $130,000,000,  in  each  case  the  amount 
being  about  five  times  as  great  as  the  appropriations  for  the 
support  of  the  government  of  the  state  in  which  the  city  is 
situated.  The  annual  cost  of  operating  our  largest  city 
exceeds  what  was  required  to  maintain  the  national  govern- 
ment in  its  early  days,  and  is  greater  than  the  national 
budget  of  a  number  of  European  countries  to-day.  New 


42  MUNICIPAL  GOVERNMENT 

York  city  in  1910  had  a  debt  almost  as  large  as  the  national 
debt,  her  annual  interest  account  alone  being  in  the  neigh- 
borhood of  $30,000,000.  The  proper  raising  and  expendi- 
ture of  such  vast  sums  of  money  is  one  of  the  most  difficult 
tasks  of  a  city  government.  For  this  purpose  there  are 
assessors,  collectors,  treasurers,  comptrollers  or  auditors, 
and  various  other  officials.  The  levying  of  the  taxes  is 
everywhere  a  power  of  the  city  council,  though  in  many 
states  the  amount  of  taxes  which  may  be  levied  by  it  is 
limited — usually  to  a  certain  percentage  of  the  value  of 
the  taxable  property  within  the  city,  and  in  some  states 
the  limit  is  fixed  so  low  that  the  cities  are  handicapped  in 
raising  sufficient  revenue  to  meet  their  expenses.  The 
purpose  of  such  restrictions  is  to  prevent  extravagance  and 
wastefulness,  and  the  history  of  many  of  our  cities  proves 
that  they  have,  in  general,  served  a  good  purpose. 

Sources  of  Municipal  Taxation. — The  principal  source  of 
income  for  city,  as  for  state  and  county,  purposes  is  the 
general  property  tax,  though  cities  are  usually  allowed  to 
levy  a  great  variety  of  other  taxes,  such  as  taxes  on  cer- 
tain trades  and  businesses.  Street  peddlers  are  in  many 
cases  required  to  pay  license  fees.  Before  the  liquor  traffic 
was  prohibited,  many  cities  derived  a  large  portion  of  their 
income  from  license  taxes  on  saloons.  Some  cities  receive  a 
considerable  income  from  franchises  granted  to  public  cor- 
porations. Thus  Chicago  receives  a  large  percentage  of  the 
earnings  of  some  of  the  street  railways,  the  amount  aggre- 
gating more  than  $1,500,000  a  year.  In  many  cities  the 
expense  of  public  improvements,  particularly  street  paving 
and  the  laying  of  sidewalks,  is  met  by  what  are  called 
"special  assessments/'  that  is,  assessments  laid  upon  the 
owners  of  the  property  benefited,  in  proportion  to  the  bene- 
fits received  from  the  improvement. 


CITY  FINANCES  43 

Municipal  Expenditures. — Appropriations  are  in  most 
cities  made  by  the  city  council  subject  to  certain  rules  and 
restrictions  prescribed  by  state  law.  In  New  York  city, 
however,  the  budget  is  prepared  by  a  board  of  estimate  and 
apportionment  composed  of  a  few  high  city  officers,  and  in  a 
few  other  cities  the  preparation  of  the  budget  is  intrusted  to 
other  authorities  than  the  city  council.  To  secure  accuracy 
and  honesty  in  the  expenditure  of  city  funds,  provision  is 
commonly  made  for  auditing  the  accounts  of  financial 
officials,  and  in  a  few  states  like  Ohio,  Indiana,  and  Iowa, 
provision  is  made  by  law  for  state  inspection  and  audit  of 
municipal  accounts  by  state  examiners.  This  plan  has 
proved  very  effective.  In  one  state,  these  inspectors  found 
that  municipal  officials  had  misappropriated  more  than 
$500,000,  over  half  of  which  was  recovered  and  turned  into 
the  proper  treasuries.  In  a  number  of  cities  where  the 
commission  form  of  government  has  been  adopted  provi- 
sion is  made  for  monthly  financial  statements  which 
must  be  published  in  the  local  newspapers,  and  for 
annual  examinations  of  city  accounts  by  expert  ac- 
countants. 

City  Debts. — For  the  construction  of  permanent  im- 
provements, the  erection  of  public  buildings,  and  the  es- 
tablishment of  commercial  enterprises  such  as  waterworks 
and  gas  works,  cities  must  borrow  money;  and  so  one  of 
the  powers  always  given  them  is  that  of  incurring  debts. 
This  power,  however,  was  greatly  abused  in  the  early  his- 
tory of  our  municipal  development — so  much  so  that 
many  cities  found  themselves  on  the  verge  of  bankruptcy. 
In  order  to  check  this  evil,  many  states  have  placed  a 
limit  upon  the  municipal  borrowing  power,  and  some  have 
provided  that  whenever  a  debt  is  incurred,  provision  shall 
be  made  at  the  same  time  for  payment  of  the  interest  and 


44  MUNICIPAL  GOVERNMENT 

the  principal  within  a  certain  period  of  years.  The  debt 
limit  is  usually  a  certain  percentage  of  the  assessed  valua- 
tion of  the  taxable  property  within  the  city.  It  ranges 
from  2  per  cent  in  Boston,  to  10  per  cent  in  New  York. 
In  some  cases  the  limit  is  so  low  that  cities  have  been  handi- 
capped in  constructing  needed  permanent  improvements. 
Thus  in  Chicago,  where  property  has  been  assessed  at  only 
one  fifth  of  its  real  value,  the  result  of  the  debt  limitation 
has  been  to  render  extensive  improvements  very  difficult, 
and  to  compel  the  city  to  meet  the  expense  of  many  abso- 
lutely necessary  undertakings  out  of  its  current  revenues 
when  the  cost  should  have  been  distributed  over  a  period 
of  years.  Chicago,  as  a  consequence,  has  the  smallest  debt 
of  any  of  the  large  cities  of  the  country. 

Police  Protection. — Where  large  numbers  of  people  are 
living  together  in  close  proximity  the  problem  of  maintain- 
ing order  and  preventing  some  from  violating  the  rights  of 
others  is  very  much  greater  than  in  sparsely  settled  rural 
communities.  One  of  the  principal  tasks  of  the  authorities 
in  a  city,  therefore,  is  to  provide  police  protection  for  the  in- 
habitants. This  is  done  through  the  agency  of  a  body  of 
men  organized  and  uniformed  somewhat  after  the  manner 
of  an  army.  The  size  of  this  force  varies  ordinarily  in  pro- 
portion to  the  population  of  the  city.  In  New  York  city, 
for  example,  the  entire  police  force  numbers  more  than 
10,000  men — a  body  as  large  as  the  army  of  the  United 
States  was  in  the  early  days  of  our  history.  In  Chicago 
there  are  altogether  some  8,000  men  in  the  police  service  of 
the  city. 

Organization. — The  management  of  the  police  force  is 
usually  under  the  direction  of  an  official  called  a  commis- 
sioner, superintendent,  or  chief,  though  in  some  cities  it  is 
controlled  instead  by  a  board.  In  a  few  cities  this  board  is 


POLICE  PROTECTION  45 

appointed  by  some  state  official,  usually  the  governor,  for 
it  is  believed  by  many  persons  that  since  the  police  are 
charged  with  enforcing  state  laws  as  well  as  municipal  or- 
dinances, they  should  be  under  state  rather  than  local 
control.  Where  they  are  entirely  under  local  control,  it  is 
sometimes  difficult  to  secure  the  enforcement  of  such  state 
laws  as  those  requiring  saloons  to  be  closed  at  certain 
hpurs  during  the  night  and  on  Sundays,  especially  when 
local  sentiment  is  opposed  to  such  restrictions.  Below  the 
head  of  the  police  force  are  usually  deputy  chiefs,  inspec- 
tors, captains,  sergeants,  roundsmen,  and  finally  the  patrol- 
men. The  city  is  usually  divided  into  precincts,  in  each  of 
which  there  is  a  police  station  under  the  charge  of  a  ser- 
geant or  some  other  official.  A  number  of  precincts  are 
grouped  together  in  districts  with  an  inspector  in  charge 
of  each,  and  so  on.  In  the  large  cities  there  are  also  usually 
special  detachments  of  the  police  force  organized  for  special 
services.  Such  are  the  mounted  police,  the  bicycle  squad, 
the  river  and  harbor  police,  the  sanitary  police,  and  the 
detective  force. 

Police  Corruption. — The  control  of  the  police  branch  of 
the  city  service  is  very  difficult  because  of  the  opportunities 
for  corruption  which  are  open  to  the  members  of  the  force. 
It  has  not  infrequently  happened  that  the  police  in  the  large 
cities  have  systematically  sold  the  right  to  violate  the  law. 
Gambling  houses,  saloons,  and  other  places  of  vice  some- 
times regularly  pay  members  of  the  police  force  for  the 
privilege  of  violating  the  law,  and  the  heads  of  the  force 
have  frequently  found  it  impossible  to  prevent  the  prac- 
tice. A  recent  police  commissioner  in  New  York,  for  ex- 
ample, said  that  there  was  an  organized  system  among  the 
police  of  his  city  for  selling  the  right  to  violate  the  law; 
that  many  of  the  captains  and  inspectors  had  grown  rich 


46  MUNICIPAL  GOVERNMENT 

out  of  the  proceeds,  and  that  the  system  was  so  thoroughly 
intrenched  that  he  was  powerless  to  break  it  up. 

Health  Protection. — In  densely  populated  districts  the 
danger  from  the  spread  of  disease  is  much  greater  than  in 
rural  communities  where  the  conditions  which  breed  dis- 
ease are  less  prevalent,  and  where  the  spread  of  epidemics 
may  be  more  easily  prevented.  In  the  smaller  cities  the 
chief  health  authority  is  a  board,  but  in  the  large  cities 
there  is  usually  a  department  of  health  at  the  head  of  which 
is  a  single  commissioner.  Other  officials  are  inspectors  of 
various  kinds,  analysts,  collectors  of  statistics,  superin- 
tendents of  hospitals,  etc. 

Work  of  the  Health  Department. — Among  the  principal 
duties  of  the  health  authorities  are  the  inspection  and 
abatement  of  unsanitary  places  and  the  suppression  of  nuis- 
ances; the  inspection  of  public  buildings  and  sometimes  of 
private  dwellings  with  special  reference  to  drainage;  the 
removal  of  garbage  and  other  refuse  (in  some  cities);  the 
inspection  of  the  city  water  supply;  the  inspection  of  food, 
particularly  milk;  the  control  of  certain  establishments  of  an 
offensive  character,  such  as  slaughterhouses,  soap  factories, 
and  fertilizer  factories;  the  vaccination  of  school  children 
and  often  of  other  persons,  as  a  precaution  against  smallpox; 
the  isolation  and  quarantine  of  persons  suffering  from  con- 
tagious diseases;  the  maintenance  of  pesthouses  and  hospi- 
tals; and  the  collection  of  vital  statistics. 

One  great  source  of  disease  in  cities  is  impurity  of  the 
food  supply,  especially  of  milk,  and  much  of  the  activity 
of  the  health  department  is  directed  toward  the  inspection 
of  milk  and  other  food.  Crowded,  ill- ventilated,  and 
poorly  constructed  dwellings  are  another  source  of  dis- 
ease, and  many  cities  have  undertaken  to  prevent  this 
evil  as  far  as  possible  through  tenement  house  laws  and 


HEALTH  PROTECTION  47 

building  regulations  requiring  dwellings  to  be  constructed 
according  to  plans  prescribed  by  law.  The  enforcement 
of  these  laws  often  devolves  upon  the  health  department, 
which  carries  out  a  rigid  system  of  inspection. 

In  recent  years  much  more  attention  than  formerly  has 
been  given  to  the  problems  of  health  administration,  and 
great  improvement  has  been  made.  So  efficient  is  the  health 
administration  of  some  of  our  large  cities  that  the  death 
rate  in  proportion  to  the  population  is  actually  lower  than 
it  is  in  many  small  country  towns  where  little  or  no  atten- 
tion is  paid  to  this  important  branch  of  administration. 

Fire  Protection. — The  danger  from  fire,  like  that  from 
disease,  is  obviously  greater  in  crowded  cities  than  in 
country  districts.  Therefore,  every  large  city  and  most 
small  ones  maintain  an  organized  fire  department.  In  the 
days  of  small  cities  reliance  upon  voluntary  unpaid  fire 
companies  was  the  rule,  and  this  is  true  even  to-day  in 
many  of  the  smaller  towns  and  cities.  In  the  larger  cities, 
however,  there  are  organized  professional  companies,  the 
members  of  which  give  all  their  time  to  the  service  and  are 
paid  regular  salaries.  New  York  city  lias  more  than  5,000 
men  in  its  fire  department,  some  900  pieces  of  apparatus 
including  more  than  a  dozen  fire  boats,  and  hundreds  of 
thousands  of  feet  of  hose.  At  the  head  of  the  department 
there  is  usually  an  official  called  a  fire  chief  or  fire  marshal, 
appointed  by  the  mayor.  The  rank  and  file  of  the  depart- 
ment are  under  civil  service  rules,  the  employment  is  of  a 
permanent  character,  and  many  cities  have  provided  a  sys- 
tem of  pensions  for  members  who  have  grown  old  or  are 
disabled  from  injuries. 

Great  improvement  has  been  made  in  the  methods  of 
fighting  fires  and  in  the  character  of  the  apparatus  employed, 
so  that  the  danger  from  loss  by  fire  has  greatly  diminished. 


48  MUNICIPAL   GOVERNMENT 

Furthermore,  the  more  general  use  of  brick  and  stone  for 
building  purposes  in  the  larger  cities  has  made  the  danger 
from  fire  much  less  than  in  the  old  days  when  most  houses 
were  built  of  wood.  Many  cities  have  what  are  called  "fire 
limits,"  that  is,  districts  in  which  it  is  forbidden  to  erect 
wooden  buildings. 

Municipal  Public  Utilities. — People  crowded  together  in 
cities  depend  largely  upon  public  service  companies  for 
their  water  supply,  for  electric  light  and  gas,  for  telephone 
service,  and  for  the  means  of  transportation.  The  furnish- 
ing of  each  of  these  services,  from  the  very  nature  of  the 
case,  tends  to  become  a  natural  monopoly.  Moreover, 
such  companies  must  use  the  city  streets  in  serving  their 
patrons.  It  follows,  therefore,  that  they  must  be  subject 
to  public  control,  otherwise  the  public  might  be  charged 
exorbitant  prices  and  the  use  of  the  streets  by  the  citizens 
unnecessarily  interfered  with.  Before  engaging  in  a  serv- 
ice of  this  kind,  therefore,  the  street  railway  company 
must  secure  permission  from  the  city  to  lay  tracks  on  the 
streets  and  to  operate  cars  thereon.  Likewise  a  telephone 
or  electric  light  company  must  have  permission  to  erect 
its  poles  on  the  streets  or  alleys,  and  a  gas  or  water  com- 
pany must  have  authority  to  tear  up  pavements  and  put 
its  pipes  and  mains  under  the  streets. 

Franchises. — The  permit  thus  granted  is  called  a  "fran- 
chise," and  is  in  the  nature  of  a  contract  between  the 
city  and  the  company.  Public  service  franchises  are  often 
of  great  value  to  the  companies  which  receive  them,  for 
the  business  of  these  companies  in  a  large  city  is  apt  to  be 
very  profitable.  Sometimes  the  dividends  which  they  pay 
their  stockholders  are  very  large,  and  not  infrequently,  to 
deceive  the  public  as  to  the  real  amount,  the  profits  are 
concealed  by  "watering"  the  stock,  that  is,  by  increasing 


MUNICIPAL  LIGHTING,  DENVER,  COLORADO 


PART  OF  THE  Los  ANGELES  AQUEDUCT,  CALIFORNIA 

This  Aqueduct  is  n  feet  in  diameter  and  carries  water  from  Owens 
River  246  miles  to  Los  Angeles. 


MUNICIPAL  PUBLIC  UTILITIES  49 

it  beyond  the  amount  of  the  capital  actually  invested.  Ex- 
perience has  shown  that  in  granting  franchises  certain  re- 
strictions or  conditions  should  be  placed  on  the  companies 
to  whom  they  are  granted. 

First  of  all,  the  duration  of  the  franchise  should  be  lim- 
ited. Formerly,  it  was  not  uncommon  to  grant  franchises 
for  fifty  or  one  hundred  years,  and  indeed  sometimes  for  an 
indefinite  period.  The  objection  to  this  practice  is  that 
with  the  growth  of  the  city,  the  increased  value  of  the 
franchise  resulting  from  such  growth  goes  entirely  to  the 
company,  while  the  city  is  deprived  of  the  opportunity  of 
making  a  better  bargain  with  the  company.  A  franchise 
ought,  however,  to  be  for  a  period  sufficiently  long  to  en- 
able the  company  to  derive  a  reasonable  return  on  its  in- 
vestment. Obviously,  no  company  could  afford  to  estab- 
lish an  electric  light  plant  or  gas  plant  if  its  franchise  were 
limited  to  a  period  as  short  as  five  years.  The  better  opin- 
ion now  is  that  twenty  or  twenty-five  years  is  a  reasonable 
period,  and  the  constitution  or  statutes  of  a  number  of 
states  forbid  the  granting  of  franchises  for  a  longer  period. 

Frequently  the  franchise  contains  provisions  in  regard 
to  the  rates  to  be  charged  and  the  quality  of  service  to  be 
performed.  In  many  states  there  are  state  commissions 
which  have  power  to  supervise  the  operations  of  all  public 
service  corporations  and  in  some  cases  even  to  fix  the  rates 
which  they  shall  be  allowed  to  charge.  As  long  as  such 
rates  are  reasonable,  that  is,  high  enough  to  allow  the  cor- 
poration a  reasonable  return  on  its  investment,  the  courts 
will  not  interfere. 

It  is  now  the  practice  to  require  public  service  com- 
panies to  pay  a  reasonable  compensation  for  the  franchises 
which  they  receive.  This  is  usually  a  certain  percentage 
of  the  gross  receipts,  or  sometimes,  in  the  case  of  street 
Govt.  U.  S.— A 


50  MUNICIPAL  GOVERNMENT 

railway  companies,  a  certain  sum  for  each  car  operated. 
When  the  compensation  is  a  certain  percentage  of  the  re- 
ceipts, provision  ought  to  be  made  for  examination  of  the 
books  of  the  company  in  order  to  prevent  the  public  from 
being  defrauded  of  its  share  of  the  earnings. 

Municipal  Ownership. — Sometimes,  instead  of  relying 
upon  private  corporations  to  supply  the  people  with  water, 
gas,  and  electric  light,  the  city  itself  undertakes  to  do 
this.  Very  many  cities  own  their  waterworks,1  while  some 
own  their  electric  light  plants,  and  a  few  own  their  gas 
plants.  In  Europe,  municipal  ownership  and  operation  of 
such  public  utilities  is  very  common,  and  even  the  telephone 
and  street  railway  services  are  often  supplied  by  the  city. 

The  advantages  claimed  for  municipal  ownership  are  that 
better  service  will  be  furnished  when  the  business  is  con- 
ducted by  the  city,  because  in  that  case  it  will  be  operated 
solely  with  the  interest  of  the  public  in  view ;  and,  secondly, 
the  cost  of  the  service  to  the  community  will  be  less  because 
the  earning  of  large  dividends  will  not  be  the  main  end  in 
view.  The  principal  objection  urged  against  municipal 
ownership  in  the  United  States  is  that  "  spoils  "  politics  still 
play  such  an  important  part  in  our  city  government  that 
the  management  of  such  enterprises  is  likely  to  fall  into  the 
hands  of  incompetent  politicians  and  party  workers.  Ex- 
perience with  municipal  ownership  has  been  satisfactory  in 
a  great  many  cases  where  it  has  been  tried,  although  the 
principle  upon  which  it  rests  is  contrary  to  the  notions  of 
many  people  in  regard  to  the  proper  functions  of  government. 

Municipal  Courts. — In  every  city  there  are  certain  in- 
ferior courts  called  by  various  names,  police  courts,  magis- 
trates' courts,  or  municipal  courts,  which  have  jurisdiction 

1  The  Census  Bureau  reported  in  1916  that  155  of  the  204  cities  having 
populations  in  excess  of  30,000  owned  their  water  supply  systems,. 


MUNICIPAL  COURTS  51 

over  offenses  against  the  ordinances  of  the  city.  These 
courts  constitute  a  very  important  part  of  our  governmental 
machinery,  and  they  have  rarely  received  the  consider- 
ation which  their  importance  requires.  They  are  practi- 
cally courts  of  last  resort  for  a  large  number  of  persons 
charged  with  minor  offenses,  and  from  them  many  igno- 
rant persons  in  the  large  cities  gain  their  impression  of 
American  institutions.  In  the  city  of  New  York,  for  ex- 
ample, more  than  100,000  persons  are  brought  before  these 
courts  every  year. 

The  magistrates  who  hold  municipal  courts  are  often 
men  of  little  or  no  legal  training,  and  the  experience  of 
some  cities  has  been  that  many  of  them  are  without  in- 
tegrity. Recently  there  has  been  much  discussion  of  how 
to  improve  the  character  and  usefulness  of  these  courts,  and 
in  several  cities  notable  reforms  have  already  been  intro- 
duced. The  Chicago  municipal  court  recently  established 
is  an  excellent  example  of  what  can  be  accomplished  in 
this  direction.  It  consists  of  thirty-one  judges,  and  the 
salary  paid  them  is  sufficiently  large  to  attract  well-trained 
lawyers  of  respectability.  The  procedure  of  the  court  is 
simple  and  it  is  so  organized  as  to  dispatch  rapidly  the 
cases  brought  before  it,  so  that  justice  is  administered  more 
swiftly,  perhaps,  in  this  city  than  in  any  other  in  America. 

The  Commission  Plan  of  Government. — The  increasing 
dissatisfaction  with  the  government  of  our  cities  by  mayor 
and  councils  has  recently  led  a  number  of  cities  to  abandon 
the  system  for  a  new  method  known  as  the  commission 
plan.  The  principal  feature  of  this  method  is  that  all  the 
powers  of  government  heretofore  exercised  by  the  mayor 
and  council  are  intrusted  to  a  small  commission  usually 
chosen  from  the  city  at  large.  The  plan  was  first  put  into 
operation  in  the  city  of  Galveston  after  the  great  storm  of 


52  MUNICIPAL  GOVERNMENT 

1900  which  destroyed  the  lives  of  some  6,000  of  its  citizens 
and  left  the  city  in  a  condition  of  bankruptcy. 

Under  the  new  charter  which  was  adopted,  practically 
all  the  powers  of  government  were  vested  in  a  mayor  and 
four  commissioners,  each  of  these  men  being  put  in  charge 
of  one  of  the  five  departments  into  which  the  administra- 
tive service  was  divided. 

Merits. — Several  advantages  are  claimed  for  this  plan  of 
municipal  government.  In  the  first  place,  it  does  away  with 
the  evils  of  the  ward  system  by  providing  that  the  com- 
missioners shall  be  chosen  from  the  city  at  large,  and  this 
tends  to  secure  the  election  of  men  of  larger  ability.  Again, 
it  is  argued  that  a  small  body  of  men  is  better  fitted  to 
govern  a  city  than  a  large  council  composed  of  members 
who  consider  themselves  the  special  representatives  of  the 
petty  districts  from  which  they  are  chosen.  The  affairs 
of  a  city  are  necessarily  complex  and  often  technical  in 
nature  and  require  for  their  special  management  skill  and 
efficiency.  City  government  is  often  compared  to  the  man- 
agement of  a  business  enterprise  like  a  bank  or  a  manu- 
facturing concern,  which,  as  experience  has  shown,  can  be 
better  conducted  by  a  small  board  of  directors  than  by 
the  whole  body  of  stockholders.  Finally,  the  concentra- 
tion of  the  powers  of  the  city  in  a  small  body  of  men  tends 
to  secure  a  more  effective  responsibility  than  can  be  secured 
under  a  system  in  which  the  responsibility  is  divided  be- 
tween the  mayor  and  council. 

Objections. — The  chief  objections  that  have  been  urged 
against  the  commission  plan  are  that,  by  intrusting  both 
the  legislative  and  the  executive  power  to  the  same  hands, 
it  sacrifices  the  principle  of  the  separation  of  powers — a 
principle  long  cherished  in  America.  In  the  second  place, 
by  doing  away  with  the  council,  it  sacrifices  to  a  certain 


COMMISSION  PLAN  OF  GOVERNMENT  53 

extent  the  representative  principle  and  places  all  the  vast 
powers  of  the  city  in  the  hands  of  a  few  men. 

Nevertheless,  the  system  has  much  to  commend  it,  and  it 
has  been  adopted  in  about  four  hundred  towns  and  cities. 

The  City  Manager  Plan. — A  still  more  recent  form  of 
municipal  government  vests  the  management  of  the  affairs 
of  the  city  in  a  single  person,  called  the  city  manager.  He 
is  paid  a  reasonably  high  salary  and  is  chosen  by  the  com- 
mission because  of  his  expert  knowledge.  This  plan  has 
been  introduced  in  Dayton,  Springfield,  and  Sandusky, 
Ohio ;  Newburgh  and  Niagara  Falls,  New  York ;  Sumter, 
South  Carolina ;  Jackson,  Grand  Rapids,  and  Kalamazoo, 
Michigan ;  San  Diego  and  Alameda,  California ;  and  some 
seventy  other  cities  and  towns. 

Village  Government. — Differing  from  cities  chiefly  in 
size  and  in  the  extent  of  governmental  powers,  are  small 
municipal  corporations  variously  called  villages,  boroughs, 
and  incorporated  towns.  The  procedure  of  incorporation  is 
usually  by  petition  from  a  certain  number  of  the  inhabitants, 
and  a  popular  vote  on  the  question.  The  law  generally 
prescribes  a  minimum  population,  which  is  usually  small- 
some  times  as  low  as  one  hundred  inhabitants. 

Village  Officers. — The  principal  authority  is  usually  a 
small  board  of  trustees  or  a  council,  consisting  of  from 
three  to  seven  members  elected  from  the  village  at  large, 
though  in  some  instances  the  number  is  larger,  and  some 
villages  have  the  ward  system.  The  village  board  is 
empowered  to  adopt  ordinances  relating  to  police,  health, 
and  other  matters  affecting  the  good  order  and  welfare 
of  the  community.  They  may  levy  taxes,  borrow  money, 
open  and  construct  streets,  construct  drains,  establish  water 
and  lighting  plants  and  the  like,  and  may  license  ped- 
dlers, hack  drivers,  and  other  persons  who  use  the  streets 


54  MUNICIPAL  GOVERNMENT 

for  the  conduct  of  their  business.  The  chief  officer  of  the 
village  is  the  mayor,  president,  or  chairman  of  the  trustees, 
elected  either  by  the  voters  or  by  the  trustees.  There  is 
also  usually  a  clerk  or  recorder,  a  treasurer,  a  marshal  or 
constable,  and  sometimes  a  street  commissioner,  a  justice 
of  the  peace,  and  an  attorney. 

When  the  population  reaches  a  certain  number,  which 
varies  in  the  different  states  (pp.  25-26),  the  village  organ- 
ization is  put  aside,  the  community  organizes  itself  into  a 
city,  takes  on  a  more  elaborate  organization,  receives  larger 
powers,  and  undertakes  a  wider  range  of  activities. 

References. — BEARD,  American  Government  and  Politics,  chs. 
xxvii-xxviii.  BRYCE,  The  American  Commonwealth  (abridged  edi- 
tion), chs.  xlix-li.  GOODNOW,  City  Government  in  the  United  States, 
chs.  vi-xiii.  HART,  Actual  Government,  ch.  ix.  HOWE,  The  City  the 
Hope  of  Democracy,  chs.  i-iv.  STRONG,  The  Challenge  of  the  City, 
chs.  ii-iii.  WILCOX,  The  American  City,  chs.  ii,  iii,  iv,  v,  vi,  ix,  x> 
xii,  xiii. 

Documentary  and  Illustrative  Material. — i.  A  copy  of  the  city 
charter  or  municipal  code  of  the  state.  2.  A  copy  of  the  revised  or- 
dinances of  the  city.  3.  The  volume  of  the  last  census  report  dealing 
with  the  population  of  cities.  4.  The  latest  census  bulletin  on  statis- 
tics of  cities.  5.  A  map  of  the  city  showing  its  division  into  wards, 
police  and  fire  districts,  sewer  districts,  etc.,  and  the  location  of  the 
city  building,  police  stations,  fire  stations,  the  source  of  the  water 
supply,  parks,  slum  districts,  etc.  6.  A  copy  of  the  last  city  budget 
and  tax  ordinance.  7.  A  copy  of  a  paving  or  other  public  improve- 
ment ordinance. 

RESEARCH  QUESTIONS 

i.  What  is  the  population  of  the  largest  city  in  your  state?  its 
area?  How  many  cities  in  your  state  have  a  population  of  8,000  or 
over?  What  percentage  of  the  total  population  is  found  in  the  cities? 
How  much  faster  has  the  city  population  grown  during  the  past 
decade  than  the  rural  population?  What  percentage  of  the  popula- 
tion of  your  city  is  foreign-born? 


RESEARCH  QUESTIONS  55 

2.  Why  do  cities  require  a  different  form  of  government  from  that 
which  is  provided  for  rural  communities? 

3.  What  are  the  provisions  in  the  constitution  of  your  state,  if  any, 
in  regard  to  the  government  of  cities? 

4.  How  many  representatives  does  the  largest  city  of  your  state 
have  in  the  legislature?    What  proportion  of  the  total  membership 
is  it?    Are  there  any  constitutional  restrictions  upon  the  number  of 
members  of  the  legislature  which  may  be  elected  from  any  one  city? 

5.  Are  there  any  restrictions  upon  the  power  of  the  legislature  of 
your  state  to  enact  special  legislation  applying  to  a  single  city?    If  so, 
what  are  they? 

6.  If  you  live  in  a  city,  when  did  it  receive  its  present  charter? 
What  are  the  provisions  in  the  charter  relating  to  the  organization 
and  powers  of  the  city? 

7.  Do  you  think  the  people  of  a  city  should  be  allowed  to  frame 
their  own  charter  and  govern  themselves  without  interference  on  the 
part  of  the  state  legislature? 

8.  How  many  members  are  there  in  the  city  council  of  your  city? 
Are  they  chosen  by  wards  or  from  the  city  at  large?    What  is  their 
term  and  salary?    In  what  ward  do  you  live,  and  what  is  the  name  of 
the  alderman  or  aldermen  from  that  ward? 

9.  For  what  term  is  the  mayor  of  your  city  or  town  elected?    To 
what  political  party  does  he  belong?    Does  he  preside  over  the  meet- 
ings of  the  city  council?    What  officers,  if  any,  does  he  appoint? 

10.  Name  the  administrative  departments  in  your  city.    Are  they 
organized  according  to  the  board  system,  or  is  each  under  the  con- 
trol of  a  single  official? 

11.  Does  your  city  have  a  civil  service  law  under  which  appoint- 
ments to  the  municipal  service  are  made  on  the  basis  of  merit?    If  so, 
what  are  its  principal  provisions? 

12.  Does  the  city  own  and  operate  its  waterworks  plant,  or  is  the 
water  supply  furnished  by  a  private  company?    Does  the  city  own 
and  operate  any  of  its  other  public  utilities,  such  as  the  electric  light 
or  gas  plant?   If  not,  what  are  the  terms  of  the  franchises  under  which 
they  are  operated  by  private  companies?    Do  these  companies  pay 
the  city  anything  for  the  privilege  of  using  the  streets? 

13.  What  are  the  duties  of  the  public  utilities  commissions  in  New 
York  and  Wisconsin?    Do  you  think  the  policy  of  regulation  prefer- 
able to  municipal  ownership  and  operation? 


56  MUNICIPAL  GOVERNMENT 

14.  How  is  the  cost  of  street  and  sidewalk  paving  met  in  your 
city, — by  special  assessment  on  the  property  benefited,  or  by  appro- 
priation out  of  the  city  treasury? 

15.  What  is  the  method  of  garbage  disposal  in  your  city? 

1 6.  Describe  the  organization  and  activities  of  the  health  author- 
ity in  your  city.    What  does  it  do  to  secure  a  supply  of  clean  and 
pure  milk? 

17.  Are  there  any  improvement  leagues  or  civic  organizations 
working  for  the  uplift  and  good  government  of  your  city?    What  are 
their  methods,  and  what  are  some  of  the  specific  services  they  have 
rendered? 

1 8.  What  are  the  principal  sources  of  revenue  in  your  village  or 
city?    What  is  the  rate  of  taxation  on  the  taxable  property? 


CHAPTER  HI 
THE  STATE  GOVERNMENTS 

Place  of  the  States  in  Our  Federal  System. — Proceed- 
ing upward  from  the  county,  township,  and  city,  we  come 
to  the  state,  the  authority  to  which  the  local  governments 
described  in  the  preceding  chapters  are  all  subject.  The 
consideration  of  state  government  properly  precedes  the 
study  of  national  government,  not  only  because  the  states 
existed  before  the  national  government  did,  and  in  a  sense 
furnished  the  models  upon  which  it  was  constructed,  but 
because  their  governments  regulate  the  larger  proportion 
of  our  public  affairs  and  hence  concern  more  vitally  the 
interests  of  the  mass  of  people  than  does  the  national 
government. 

The  states  collectively  make  up  our  great  republic,  but 
they  are  not  mere  administrative  districts  of  the  union 
created  for  convenience  in  carrying  on  the  affairs  of  national 
government.  They  do  not,  for  example,  bear  the  same  re- 
lation to  the  union  that  a  county  does  to  the  state,  or  a 
township  to  the  county.  A  county  is  nothing  more  than  a 
district  carved  out  of  the  state  for  administrative  con- 
venience, and  provided  with  such  an  organization  and 
given  such  powers  of  local  government  as  the  state  may 
choose  to  give  it.  The  states,  on  the  other  hand,  are  not 
creations  of  the  national  government;  their  place  as  con- 
stituent members  of  the  union  is  determined  by  the  Federal 

57 


58  THE  STATE  GOVERNMENT 

Constitution,  framed  by  the  people  of  the  United  States, 
and  their  rights  and  obligations  are  fixed  by  the  same 
authority.  Each  state,  however,  determines  its  own  form  of 
government  and  decides  for  itself  what  activities  it  will 
undertake. 

Division  of  Powers. — The  Federal  Constitution  has 
marked  out  a  definite  sphere  of  power  for  the  states,  on 
the  one  hand,  and  another  sphere  for  the  national  govern- 
ment on  the  other,  and  each  within  its  sphere  is  supreme. 
Upon  the  domain  thus  created  for  each  the  other  may  not 
encroach.  Each  is  kept  strictly  within  its  own  constitu- 
tional sphere  by  the  federal  Supreme  Court,  and  the  bal- 
ance between  the  union  and  its  members  is  harmoniously 
preserved. 

The  states  were  already  in  existence  with  organized  gov- 
ernments in  operation  when  the  national  government  was 
created.  The  founders  of  the  national  government  con- 
ferred upon  it  only  such  powers  as  experience  and  reason 
demonstrated  could  be  more  effectively  regulated  by  a 
common  government  than  by  a  number  of  separate  govern- 
ments; they  left  the  states  largely  as  they  were,  and  limited 
their  powers  only  so  far  as  was  necessary  to  establish  a  more 
effective  union  than  the  one  then  existing.  Experience 
had  taught  them,  for  example,  that  commerce  with  foreign 
countries  and  among  the  states  themselves  should  be  regu- 
lated by  a  single  authority  acting  for  the  entire  country: 
only  in  this  way  could  uniformity  be  secured,  and  uni- 
formity in  such  matters  was  indispensable  to  the  peace  and 
perpetuity  of  the  union.  Accordingly,  the  national  govern- 
ment was  vested  with  power  over  this  and  other  matters 
which  clearly  required  uniformity  of  regulation,  and  the 
remaining  powers  of  government  were  left  with  the  states, 
where  they  had  always  been.  Thus  it  came  about  that  the 


DIVISION  OF  POWERS  59 

national  government  was  made  an  authority  of  enumerated 
or  delegated  powers,  while  the  states  have  reserved  powers. 

Prohibitions. — It  was  thought  wise,  however,  to  pro- 
hibit both  the  national  government  and  those  of  the  states 
from  doing  certain  things,  and  thus  we  find  provisions  in 
the  Federal  Constitution  forbidding  both  governments  from 
granting  titles  of  nobility,  from  passing  ex  post  facto  laws, 
bills  of  attainder,  etc.  Likewise  the  states  were  prohibited 
from  entering  into  treaties  with  foreign  countries,  from 
coining  money,  from  impairing  the  obligation  of  contracts, 
and  from  passing  laws  on  certain  other  subjects  which  it 
was  clearly  unwise  to  leave  to  state  regulation. 

Powers  of  the  States. — The  powers  left  to  {he  states, 
unlike  those  conferred  upon  the  national  government,  can- 
not be  enumerated.  They  are  so  varied  in  character,  and 
so  extensive,  that  an  attempt  to  enumerate  them  would  in- 
volve cataloguing  all  the  multitudinous  business  and  social 
relationships  of  life.  The  powers  of  the  national  government 
seem  much  greater  by  comparison  than  those  of  the  states, 
partly  because  they  are  set  forth  in  the  Constitution  and 
partly  because  of  their  application  throughout  the  entire 
country,  but  in  reality  they  are  not  only  far  less  numerous 
but  affect  less  vitally  the  great  mass  of  the  people.  The 
powers  of  the  states  include  such  matters  as  the  regulation 
of  the  ownership,  use,  and  disposition  of  property;  the  con- 
duct of  business  and  industry;  the  making  and  enforcing  of 
contracts;  the  conduct  of  religious  worship;  education;  mar- 
riage, divorce,  and  the  domestic  relations  generally;  suf- 
frage and  elections ;  and  the  making  and  enforcement  of  the 
criminal  law.  In  the  division  of  governmental  powers  be- 
tween the  nation  and  the  state,  says  Bryce,  the  state  gets 
the  most  and  the  nation  the  highest,  and  so  the  balance 
between  the  two  is  preserved. 


60  THE  STATE  GOVERNMENT 

"An  American,"  says  Mr.  Bryce,  "may,  through  a  long  life,  nevei 
be  reminded  of  the  federal  government  except  when  he  votes  at  presi- 
dential and  congressional  elections,  buys  a  package  of  tobacco  bear- 
ing the  government  stamp,  lodges  a  complaint  against  the  post 
office,  and  opens  his  trunks  for  a  customhouse  officer  on  the  pier  at 
New  York  when  he  returns  from  a  tour  in  Europe.  His  direct  taxes 
are  paid  to  officials  acting  under  state  laws.  The  state  or  local  au- 
thority constituted  by  state  statutes  registers  his  birth,  appoints  his 
guardian,  pays  for  his  schooling,  gives  him  a  share  in  the  estate  of  his 
father  deceased,  licenses  him  when  he  enters  a  trade  (if  it  be  one  need- 
ing a  license),  marries  him,  divorces  him,  entertains  civil  actions 
against  him,  declares  him  a  bankrupt,  hangs  him  for  murder;  the 
police  that  guard  his  house,  the  local  boards  which  look  after  the 
poor,  control  highways,  impose  water  rates,  manage  schools — all  these 
derive  their  legal  powers  from  his  state  alone." 

Rights  and  Privileges  of  the  States  as  Members  of  the 
Union. — The  states  have  certain  rights  and  privileges  which 
are  guaranteed  them  by  the  Federal  Constitution,  and  of 
which  they  cannot  be  deprived  by  the  national  government 
without  their  consent. 

Republican  Government. — Thus  it  is  made  the  duty  of 
the  United  States  to  guarantee  to  every  state  in  the  union 
a  republican  form  of  government,  that  is,  a  government  by 
the  chosen  representatives  of  the  people  of  the  state.  In 
a  few  cases  rival  governments  have  been  set  up  in  a  state, 
each  claiming  to  be  the  legitimate  government  and  en- 
titled to  the  obedience  of  the  people;  the  one  recognized 
by  the  federal  authorities  has  always  prevailed. 

Protection  Against  Invasion. — It  is  also  made  the  duty  of 
the  national  government  to  protect  the  states  against  in- 
vasion. This  is  right  and  proper,  since  the  states  are  for- 
bidden by  the  Constitution  to  keep  ships  of  war  or  troops 
in  times  of  peace. 

Protection  Against  Domestic  Violence. — Again,  it  is  made 
the  duty  of  the  national  government  to  protect  the  people 


STATES  AS  MEMBERS  OF  UNION  6 1 

of  the  states  against  domestic  violence  arising  from  insur- 
rection or  riots,  provided  that  application  has  been  made  by 
the  proper  state  authorities.  The  purpose  of  this  proviso 
is  to  remove  the  temptation  to  federal  interference  in  state 
affairs  for  political  or  other  reasons  against  the  wishes  of 
the  people  of  the  state.  The  ordinary  procedure  for  the 
suppression  of  a  local  disturbance  is  for  the  sheriff  of  the 
county,  or  the  mayor  of  the  city,  to  make  use  of  the  local 
police,  and  if  necessary  he  may  call  upon  the  citizens  to 
come  to  his  aid.  If  this  is  not  effective,  the  governor  may 
be  called  upon  to  order  out  the  state  militia  for  the  sup- 
pression of  the  riot.  If,  however,  the  riot  should  spread 
and  assume  such  proportions  that  the  power  of  the  state 
and  local  authorities  is  insufficient,  it  becomes  the  right  and 
duty  of  the  governor,  or  the  legislature  if  it  be  in  session,  to 
call  on  the  President  of  the  United  States  for  the  assistance 
of  national  troops.  If  in  the  President's  judgment  the  situa- 
tion is  one  which  warrants  federal  intervention,  he  sends 
a  detachment  of  troops  from  a  near-by  military  post  to 
restore  order.  Many  times  in  our  history  federal  troops 
have  been  used  to  put  down  riots  where  the  state  authori- 
ties had  shown  themselves  incapable  of  maintaining  order; 
two  recent  examples  being  in  connection  with  strikes  among 
the  miners  of  Nevada  in  1907,  and  of  Colorado  in  1914. 

Ordinarily  the  President  has  no  lawful  right  to  interpose 
in  the  affairs  of  the  state  by  the  employment  of  troops  un- 
til he  has  received  an  application  from  the  governor  or  the 
legislature,  but  if  the  disturbance  is  one  which  interferes 
with  the  operations  of  the  national  government  or  with 
the  movement  of  interstate  commerce,  the  President  may 
intervene  whenever  in  his  opinion  the  situation  calls  for 
federal  action.  Thus  during  the  Chicago  strike  riots  of 
1894,  President  Cleveland  ordered  a  detachment  of  federal 


62  THE  STATE  GOVERNMENT 

troops  to  that  city  against  the  protests  of  the  governor, 
upon  being  assured  that  the  strikers  were  interfering  with 
the  movement  of  the  mails  and  with  the  conduct  of  inter- 
state commerce  and  were  also  disregarding  the  writs  and 
processes  of  the  United  States  courts.  The  interference 
of  the  President  was  criticized  by  some  persons,  but  the 
great  body  of  citizens  approved  his  course,  and  the  United 
States  Supreme  Court  upheld  the  validity  of  his  action. 

Other  Rights  of  the  States. — Among  the  other  rights  of 
the  states  under  the  Federal  Constitution  may  be  mentioned 
the  right  of  equal  representation  in  the  senate,  a  right  of 
which  no  state  can  be  deprived  without  its  consent,  and 
the  right  of  territorial  integrity:  no  new  state  may  be 
created  within  the  jurisdiction  of  another  state,  nor  may 
any  state  be  formed  by  the  junction  of  two  or  more  states 
or  parts  of  states,  without  the  consent  of  the  states  con- 
cerned. 

Obligations  and  Duties  of  the  States. — Rights  and  priv- 
ileges usually  imply  obligations,  and  so  we  find  that  the 
states  owe  certain  duties  to  one  another  and  to  the  union 
of  which  they  are  a  part,  and  the  harmony  and  success  of 
the  federal  system  are  dependent  in  a  large  measure  upon 
the  performance  of  these  duties  in  good  faith. 

Full  Faith  and  Credit. — First  of  all,  each  state  must  give 
full  faith  and  credit  to  the  acts,  judicial  proceedings,  and 
records  of  the  other  states.  This  means,  for  example,  that 
a  properly  authenticated  copy  of  a  will  or  deed  duly  exe- 
cuted in  one  state  will  be  taken  notice  of  and  rights  de- 
pending on  it  will  be  enforced  in  other  states  as  though  the 
instrument  were  made  therein.  Likewise,  a  marriage  legally 
celebrated  in  one  state  will  usually  be  treated  as  valid  in 
another  state,  and  the  facts  of  a  case  at  law  will  be  recog- 
nized in  other  states  without  the  necessity  of  retrial.  The 


OBLIGATIONS  AND  DUTIES  OF  STATES  63 

provision  as  to  full  faith  and  credit  does  not  mean  that  one 
state  must  enforce  within  its  borders  the  laws  of  other 
states,  or  that  its  courts  in  reaching  their  decisions  are 
bound  by  the  decisions  of  the  courts  of  its  sister  states. 
As  a  matter  of  practice,  however,  courts  in  one  state  in 
deciding  difficult  questions  of  law  will  examine  the  deci- 
sions of  the  courts  of  other  states  on  similar  points  for  their 
own  enlightenment,  and  will  show  respect  for  these  deci- 
sions, the  degree  of  deference  depending  on  the  standing  of 
the  judges  rendering  the  decision  and  upon  the  similarity  of 
the  laws  and  policies  of  the  states  concerned. 

Surrender  of  Fugitives  from  Justice. — In  the  next  place,  it 
is  made  the  constitutional  duty  of  the  executive  of  each 
state  to  surrender  criminals  escaping  from  other  states,  in 
order  that  they  may  be  returned  for  trial  and  punishment 
in  the  state  from  which  they  have  fled.  The  demand  for 
the  surrender  of  such  fugitives  is  made  by  the  governor  of 
the  state  from  which  the  criminal  has  fled,  and  the  gover- 
nor upon  whom  the  demand  is  made  ought  to  comply  with 
it  unless  for  very  substantial  reasons.  There  is  no  way, 
however,  by  which  this  obligation  may  be  enforced,  and 
there  have  been  many  cases  where  governors  have  refused 
to  deliver  up  criminals  escaping  from  other  states — usually 
for  the  reason  that,  in  the  governor's  opinion,  the  fugitive 
would  not  receive  a  fair  trial  in  the  state  from  which  he 
had  fled. 

Treatment  of  Citizens  of  Other  States. — Still  another  obli- 
gation imposed  by  the  Federal  Constitution  on  the  states 
is  that  of  treating  the  citizens  of  other  states  as  they  treat 
their 'own  citizens,  i.  e.,  without  discrimination.  But  this 
obligation  has  reference  rather  to  civil  rights  than  to  politi- 
cal privileges.  It  does  not  mean  that  an  illiterate  man  who 
is  allowed  to  vote  in  Illinois  may  go  to  Massachusetts  and 


64  THE  STATE  GOVERNMENT 

vote  where  an  educational  qualification  for  the  suffrage  is 
required ;  nor  does  it  mean  that  a  woman  who  is  allowed 
to  practice  law  in  one  state  may  therefore  practice  in  another 
state  which  excludes  women  from  engaging  in  that  pro- 
fession. What  the  provision  does  mean,  is  that  whatever 
privileges  and  immunities  a  state  allows  to  its  own  citizens, 
it  must  allow  the  citizens  of  other  states  on  the  same  terms, 
and  subject  to' the  same  conditions  and  no  more.  Thus  a 
state  cannot  subject  the  citizens  of  other  states  to  higher 
taxes  than  are  imposed  upon  its  own  citizens. 

Other  Obligations. — Finally,  it  goes  without  saying  that 
it  is  the  duty  of  each  state  to  treat  its  sister  states  in  the 
spirit  of  comity  and  courtesy;  to  carry  out  the  mandates  of 
the  Federal  Constitution  relating  to  the  election  of  sena- 
tors, representatives,  and  presidential  electors  so  as  to 
keep  up  the  existence  of  the  national  government;  and,  in 
general,  to  perform  in  good  faith  all  their  other  obligations 
as  members  of  the  union,  without  the  performance  of  which 
the  republic  would  be  a  mere  makeshift.  The  existence  of 
the  states  is  essential  to  the  union,  and  their  preservation 
is  as  much  within  the  care  of  the  Constitution  as  is  the 
union  itself.  Indeed,  the  Constitution  in  all  its  parts,  said 
the  Supreme  Court  of  the  United  States  in  a  famous  case, 
looks  to  an  indestructible  union  of  indestructible  states. 

The  State  Constitution;  how  Framed. — The  govern- 
mental organization  of  each  of  the  states  is  set  forth  in  a 
written  instrument  called  a  constitution.  Unlike  the  con- 
stitutions of  some  of  the  European  states,  which  were 
granted  by  kings,  and  unlike,  also,  those  of  the  British 
self-governing  colonies,  which  were  enacted  by  Parliament, 
all  the  American  constitutions  now  in  existence  were  framed 
by  constituent  bodies  representing  the  people,  and  in  most 
cases  they  were  approved  by  the  people  before  they  went 


THE  STATE  CONSTITUTION  65 

into  effect.  As  Mr.  Bryce  has  remarked,  the  American  state 
constitutions  are  the  oldest  things  in  the  political  history 
of  America.  Before  the  Federal  Constitution  was  framed 
each  of  the  thirteen  original  states  had  a  constitution  of 
its  own,  most  of  them  being  framed  by  popular  conventions 
chosen  especially  for  the  purpose. 

Later,  when  a  territory  asked  to  be  admitted  to  the 
union  as  a  new  state,  Congress,  through  what  is  called  an 
" enabling  act,"  empowered  the  people  of  the  territory  to 
choose  a  convention  to  frame  a  constitution  which,  when 
submitted  to  the  voters  and  approved  by  them,  became  the 
fundamental  law  of  the  new  state.  In  a  number  of  cases, 
however,  the  people  of  the  territory  went  ahead  on  their 
own  initiative,  and  without  the  authority  of  an  enabling 
act  framed  their  constitution  and  asked  to  be  admitted, 
and  sometimes  they  were  admitted  as  though  they  had 
acted  under  the  authority  of  Congress.  Whenever  an  ex- 
isting state  wishes  to  frame  a  new  constitution  for  itself, 
the  usual  mode  of  procedure  is  for  the  legislature  either  to 
pass  a  resolution  calling  a  convention,  or  to  submit  to  the 
voters  the  question  of  the  desirability  of  a  new  constitu- 
tion. A  resolution  calling  a  convention  usually  requires  an 
extraordinary  majority  of  both  houses  of  the  legislature,  two 
thirds  of  the  members  being  the  most  common  rule. 

Ratification  of  New  Constitutions. — When  the  draft  of 
the  constitution  has  been  completed  by  the  convention,  it 
is  usually  submitted  to  the  voters  of  the  state  at  a  general 
or  a  special  election,  and  if  it  is  approved  by  a  majority  of 
those  voting  on  the  constitution,  or  (in  some  states)  of  those 
voting  at  the  election,  it  supersedes  the  old  constitution 
and  goes  into  effect  on  a  day  prescribed.  In  some  instances, 
however,  new  constitutions  were  not  submitted  to  popular 
vote;  instead,  the  convention  assumed  the  right  to  put  them 
Govt.  U.  S.— g 


66  THE  STATE  GOVERNMENT 

into  effect  without  popular  approval.  Of  the  twenty-five 
state  constitutions  adopted  before  the  year  1801,  only  three 
were  submitted  to  the  voters  for  their  approval,  but  as 
time  passed  the  practice  of  giving  the  people  an  opportunity 
to  approve  or  reject  proposed  constitutions  became  the 
rule.  In  the  twenty  years  between  1890  and  1910  eight 
new  constitutions  were  submitted  to  the  people,  and  only 
five  were  put  into  force  without  popular  ratification, 
namely,  those  of  Mississippi  (1890),  South  Carolina  (1895), 
Delaware  (1897),  Louisiana  (1898),  and  Virginia  (1902). 

Frequency  of  New  Constitutions. — The  frequency  with 
which  the  states  revise  their  constitutions  varies  in  differ- 
ent sections  of  the  country.  In  New  England  new  con- 
stitutions are  rare,  while  in  the  states  of  the  West  and  the 
South  new  constitutions  are  framed,  on  an  average,  at 
least  once  in  every  generation  and  sometimes  oftener. 
Since  the  Revolution  more  than  two  hundred  constitu- 
tions have  been  made  by  the  states,  though  some  of  them 
never  went  into  operation.  Several  of  the  states  within  a 
period  of  less  than  one  hundred  years  have  had  as  many 
as  six,  and  a  few  have  had  even  more.  The  constitution  of 
Massachusetts  of  1780,  with  several  subsequent  amend- 
ments, is  still  in  force;  but  outside  of  New  England  there 
are  few  constitutions  that  are  more  than  thirty  years  old. 
Some  of  the  states,  indeed,  have  inserted  provisions  in  their 
constitutions  making  it  the  duty  of  the  legislature  at  stated 
intervals  to  submit  to  the  voters  the  question  of  calling  a 
convention  to  revise  the  existing  constitution  or  to  adopt 
an  entirely  new  one.  In  this  way  the  people  are  given  an 
opportunity  to  determine  whether  the  constitution  un- 
der which  they  live  shall  be  revised  or  superseded 
by  a  new  one,  independently  of  the  will  of  the  legis- 
lature. 


CONTENTS  OF  STATE  CONSTITUTIONS  67 

Contents  of  State  Constitutions. — The  early  state  con- 
stitutions were  brief  documents  and  dealt  only  with  im- 
portant matters  of  a  fundamental  and  permanent  char- 
acter. They  were  remarkably  free  from  detail  and  rarely 
contained  more  than  5,000  words.  As  time  passed,  however, 
there  was  an  increasing  tendency  to  incorporate  in  them 
provisions  in  regard  to  many  matters  that  had  formerly 
been  left  to  the  legislature  to  be  regulated  by  statute,  so 
that  some  of  the  constitutions  of  the  present  day  are  bulky 
codes  containing  detailed  provisions  concerning  many  mat- 
ters that  might  more  properly  be  dealt  with  by  statute. 
The  constitution  of  Virginia,  for  example,  has  expanded  from 
a  document  of  a  few  pages  to  one  of  seventy-five,  from  an 
instrument  of  about  1,500  words  to  one  of  more  than  30,000, 
The  present  constitution  of  Alabama  contains  about  33,000 
words;  that  of  Louisiana,  about  45,000;  and  that  of  Okla- 
homa, about  50,000.  The  Virginia  constitution  contains  a 
lengthy  article  on  the  organization  of  counties;  one  on  the 
government  of  cities,  constituting  a  code  almost  as  elabo- 
rate as  a  municipal  corporations  act;  one  on  agriculture  and 
immigration;  one  on  corporations,  containing  fourteen  sec- 
tions; one  on  taxation  and  finance,  etc.  The  constitution 
of  Oklahoma  contains  an  article  of  seven  sections  on  fed- 
eral relations,  one  of  which  deals  with  the  liquor  traffic;  elab- 
orate provisions  regarding  the  referendum  and  initiative; 
a  section  describing  the  seal  of  the  state ;  a  detailed  enum- 
eration of  those  who  are  permitted  to  accept  railroad  passes; 
an  article  on  insurance;  one  on  manufactures  and  com- 
merce; and  one  on  alien  and  corporate  ownership  of  lands. 

Parts  of  a  Constitution. — A  typical  constitution  consists 
of  several  parts:  (i)  a  preamble;  (2)  a  bill  of  rights;  (3)  a 
series  of  provisions  relating  to  the  organization  of  the 
government  and  the  powers  and  duties  of  the  several  de- 


68  THE  STATE  GOVERNMENT 

partments;  (4)  a  number  of  miscellaneous  articles  dealing 
with  such  matters  as  finance,  revenue  and  debts,  suffrage 
and  elections,  public  education,  local  government,  rail- 
roads, banks,  and  other  corporations  generally;  (5)  an 
article  describing  the  procedure  by  which  amendments 
may  be  proposed  and  ratified;  and  (6)  a  schedule.  Many 
constitutions  contain  an  article  defining  the  boundaries  of 
the  state,  and  most  of  them  one  on  the  distribution  of  the 
powers  of  government.  Some  of  the  newer  constitutions 
also  prescribe  numerous  limitations  upon  the  legislature,  so 
great  is  the  popular  mistrust  of  legislatures  to-day;  while 
others  lay  down  various  rules  as  to  the  procedure  of  the 
legislature.  The  schedule  contains  provisions  for  submit- 
ting the  constitution  to  the  voters  and  making  necessary 
arrangements  for  putting  the  new  constitution  into  effect. 

The  Bill  of  Rights,  says  Bryce,  is  historically  the  most 
interesting  part  of  the  state  constitution,  and  if  we  may 
judge  by  the  space  devoted  to  these  provisions  and  the  at- 
tention paid  to  their  framing,  they  constitute  a  very  im- 
portant part  of  the  constitution.  In  a  sense  they  are  the 
lineal  descendants  of  great  English  enactments  like  Magna 
Charta,  the  Bill  of  Rights,  and  the  Act  of  Settlement,  and  of 
the  various  declarations  of  the  Revolutionary  Congresses 
in  America.  They  consist  of  limitations  upon  the  govern- 
ment and  of  statements  of  the  fundamental  rights  of  man. 

Some  Provisions  of  the  Bills  of  Rights. — Examining  these 
bills  of  rights,  we  find  that  they  all  contain  declarations  in 
favor  of  freedom  of  religious  worship,  freedom  of  assembly, 
freedom  of  speech  and  of  the  press,  and  most  of  them  for- 
bid the  establishment  of  a  state  church  or  the  appropria- 
tion of  money  for  the  establishment  or  support  of  any 
religious  denomination.  Most  of  them  contain  declara- 
tions providing  for  trial  by  jury  in  criminal  cases,  indict- 


THE  BILL  OF  RIGHTS  69 

ments  by  grand  jury,  the  privilege  of  the  writ  of  habeas 
corpus,  the  right  of  the  accused  to  a  speedy  and  public  trial ; 
a  declaration  of  the  right  of  citizens  to  bear  arms ;  the  pro- 
hibition of  excessive  bail,  cruel  and  unusual  punishments, 
general  search  warrants,  and  imprisonment  for  debt ;  the  pro- 
hibition of  titles  of  nobility,  ex  post  facto  laws,  and  bills  of 
attainder 1 ;  and  provisions  forbidding  the  taking  of  private 
property  except  for  public  purposes  and  then  only  when  just 
compensation  is  made.2  Many  of  them  contain  philosophi- 
cal enunciations  of  political  doctrines  such  as  the  assertion 
that  all  governments  originate  with  the  people,  and  are  in- 
stituted solely  for  their  good ;  that  all  men  are  equal ;  that 
all  power  is  inherent  in  the  people;  and  that  the  people 
have  at  all  times  the  right  to  alter,  reform,  or  abolish  their 
government.  Some  of  the  newer  constitutions  declare  that 
monopolies  and  perpetuities  are  contrary  to  the  principles 
of  free  government ;  that  every  citizen  shall  be  free  to  ob- 
tain employment  wherever  possible;  that  a  long  lease  of 
office  is  dangerous  to  the  liberties  of  the  people ;  that  aliens 
shall  have  the  same  rights  of  property  as  citizens;  and 
so  on. 

The  real  importance  of  the  bills  of  rights,  now  that  ex- 
ecutive tyranny  is  a  thing  of  the  past,  is  not  very  great. 

Amendment  of  State  Constitutions. — The  practice  of 
inserting  in  the  constitution  many  provisions  which  are 
temporary  in  character,  makes  frequent  alteration  a  ne- 
cessity if  the  constitution  is  to  meet  the  rapidly  chang- 

1  An  ex  post  facto  law  is  retroactive,  making  criminal  an  act  that 
was  not  a  crime  when  committed,  or  increasing  the  punishment  for 
past  crimes.    A  bill  of  attainder  is  a  law  convicting  an  accused  per- 
son without  a  trial,  and  imposing  on  him  the  penalties  of  treason. 

2  The  inherent  power  of  the  state  to  take  private  property  for 
public  use  is  called  the  right  of  eminent  domain. 


70  THE  STATE  GOVERNMENT 

ing  needs  and  conditions  of  the  state.  Some  of  the  early 
constitutions  contained  no  express  provision  for  their  own 
amendment,  but  as  time  passed  changes  became  mani- 
festly necessary,  and  in  time  they  were  all  amended  or 
supplanted  entirely  by  new  ones,  notwithstanding  the  ab- 
sence of  amending  provisions.  Ultimately  the  advantage 
of  pointing  out  in  the  constitution  a  legal  and  orderly  way 
of  amendment  came  to  be  generally  appreciated,  and  at  the 
present  time  all  of  the  constitutions  contain  amending  pro- 
visions. These  clauses  provide  that  amendments  may  be 
proposed,  either  by  a  convention  called  by  the  legislature, 
or  by  the  legislature  itself,  usually  by  an  extraordinary  ma- 
jority; in  either  case  the  proposed  amendment  must  be 
submitted  to  the  voters  for  their  approval,  and  it  becomes 
a  part  of  the  constitution  only  if  ratified  by  a  majority  of 
those  voting  on  the  proposed  amendment  or,  in  some  states, 
by  a  majority  of  those  voting  at  the  election  at  which  the 
proposed  amendment  is  submitted.  A  new  method  of 
amendment  by  popular  initiative  was  adopted  in -Oregon 
in  1902.  According  to  this  method  a  proposed  amendment 
may  be  framed  by  the  people  by  petition  and  submitted 
to  a  popular  vote  without  the  necessity  of  the  interven- 
tion of  the  legislature  in  any  form. 

In  spite  of  the  restrictions  imposed,  most  of  the  constitu- 
tions are  frequently  amended.  During  the  two  decades 
from  1900  to  1919,  1500  amendments  were  proposed  by  the 
legislatures  of  the  several  states,  or  by  popular  initiative, 
and  of  these  about  900  were  ratified.  At  the  general  elec- 
tion of  1918,  no  less  than  130  amendments  were  voted  on 
by  the  people  of  the  different  states,  and  a  number  of  others 
were  awaiting  the  action  of  the  legislatures  soon  to  meet. 
In  five  western  states  alone  270  amendments  were  submitted 
from  1914  to  1919. 


AMENDMENT  OF  STATE  CONSTITUTIONS  71 

References. — BEARD,  American  Government  and  Politics,  chs.  xxii- 
xxiii.  BRYCE,  The  American  Commonwealth  (abridged  edition), 
chs.  xxxiv-xxxv.  DEALEY,  Our  State  Constitutions,  chs.  ii-iii.  HART, 
Actual  Government,  ch.  vi.  HINSDALE,  The  American  Government, 
chs.  xl,  xli,  xlix,  1.  WILSON,  The  State,  sees.  1087-1095.  WIL- 
LOUGHBY,  Rights  and  Duties  of  Citizenship,  ch.  x.  WILLOUGHBY, 
The  American  Constitutional  System,  chs.  ii-x. 

Documentary  and  Illustrative  Material. — i.  THORPE'S  Constitu- 
tions and  Organic  Laws,  or  POORE'S  Charters  and  Constitutions,  both 
published  by  the  Government  Printing  Office.  2.  Pamphlet  copies 
of  state  constitutions  can  usually  be  obtained  from  the  secretaries  of 
state  of  the  various  states.  3.  The  legislative  manual  of  the  state, 
where  usually  a  review  of  the  constitutional  history  of  the  state  may 
be  found. 

RESEARCH  QUESTIONS 

1.  In  what  two  senses  is  the  word  "state"  used?    In  what  sense  is 
New  York  a  state  and  in  what  sense  is  it  not? 

2.  Were  the  states  ever  sovereign?    What  were  the  two  views  in 
this  country  prior  to  the  Civil  War  in  regard  to  the  sovereignty  of 
the  states? 

3.  The  constitution  and  laws  of  the  United  States  are  declared  to 
be  supreme  over  those  of  the  states;  what  is  the  meaning  of  that  pro- 
vision?   Does  that  mean  that  any  law  passed  by  Congress  will  over- 
ride a  conflicting  law  passed  by  a  state,  even  though  the  law  passed 
by  the  state  is  clearly  within  its  powers? 

4.  Distinguish  between  reserved  powers  and  delegated  powers. 

5.  Do  you  believe  the  powers  of  the  national  government  should  be 
increased  so  as  to  include  the  regulation  of  such  matters  as  marriage 
and  divorce,  the  business  of  corporations,  factory  labor,  and  insur 
ance? 

6.  What  is  the  purpose  of  the  commissions  on  uniform  legislation 
in  the  different  states,  and  what  are  they  seeking  to  accomplish? 
Is  there  such  a  commission  hi  your  state? 

7.  Which  of  the  following  matters  fall  within  the  jurisdiction  of 
the  United  States  and  which  within  the  jurisdiction  of  the  states? 
(i)  the  levying  of  tariff  duties,  (2)  the  transfer  of  land,  (3)  the  build- 
ing of  lighthouses,  (4)  the  protection  of  religious  worship,  (5)  the 
granting  of  passports,  (6)  punishment  of  crime,  (7)  the  granting  of 


72  THE  STATE  GOVERNMENT 

pensions,  (8)  the  regulation  of  labor  in  mines  and  factories,  (9)  the 
protection  of  the  public  health,  (10)  the  support  of  schools,  (n)  the 
regulation  of  navigation,  (12)  the  erection  of  fortifications. 

8.  Name  some  powers  that  may  be  exercised  by  both  Congress 
and  the  states;  some  that  may  be  exercised  by  neither;  some  that  may 
be  exercised  by  the  states  only  with  the  consent  of  Congress. 

9.  May  the  United  States  government  coerce  a  state?    Suppose 
a  state  should  refuse  or  neglect  to  perform  its  constitutional  duties 
as  a  member  of  the  union,  could  it  be  punished  or  compelled  to  ful- 
fill its  obligations? 

10.  May  a  state  be  sued  by  a  citizen  of  the  state?  by  a  citizen  of 
another  state?  by  another  state  itself? 

11.  Suppose  a  state  should  refuse  to  pay  a  debt  which  it  has  in- 
curred, has  the  person  to  whom  the  debt  is  due  any  remedy? 

12.  Will  a  divorce  granted  in  Nevada  to  a  citizen  of  Massachu- 
setts be  recognized  as  valid  in  Massachusetts? 

13.  Suppose  a  man,  standing  on  the  New  Jersey  side  of  the  Dela- 
ware River,  should  fire  a  shot  across  the  river  and  kill  a  man  in  Penn- 
sylvania, would  the  governor  of  New  Jersey  be  bound  to  surrender 
the  criminal  upon  demand  of  the  governor  of  Pennsylvania,  in  order 
that  he  might  be  tried  in  Pennsylvania? 

14.  What  is  the  difference  between  a  constitution,  a  statute,  and 
a  charter?    Between  a  written  and  an  unwritten  constitution? 

15.  When  was  the  present  constitution  of  your  state  adopted? 
Was  it  submitted  to  the  voters  before  being  put  into  effect?    How 
many  constitutions  has  your  state  had  since  its  admission  to  the  union? 
Were  they  all  adopted  by  popular  ratification?    Who  was  the  dele- 
gate from  your  county  to  the  last  constitutional  convention? 

1 6.  How  may  the  constitution  of  your  state  be  amended?    Is  a 
majority  of  those  voting  at  the  election  necessary  to  ratify,  or  only  a 
majority  of  those  voting  on  the  proposed  amendment?    How  many, 
times  has  the  present  constitution  of  your  state  been  amended? 
Do  you  think  the  method  of  amendment  is  too  rigid? 

17.  What  is  the  purpose  of  a  preamble  to  a  constitution?    Does 
the  preamble  of  your  constitution  contain  a  recognition  of  God? 

1 8.  What  are  the  provisions  in  the  bill  of  rights  to  your  consti- 
tution in  regard  to  the  rights  of  an  accused  person?    in  regard  to 
freedom  of  the  press?    freedom  of  assem]  .y?    freedom  of  worship? 
right  of  the  people  to  change  their  government? 


CHAPTER  IV 
THE  STATE  LEGISLATURE 

Powers  of  the  State  Legislatures. — The  powers  of  the 
state  legislature,  unlike  those  of  the  city  council  and  those 
of  the  Congress  of  the  United  States,  are  not  set  forth  in 
the  constitution.  In  general,  a  state  legislature  may  exer- 
cise any  powers  which  are  not  denied  to  it  by  the  Consti- 
tution of  the  United  States  or  by  the  constitution  of  the 
state.  Its  powers,  in  other  words,  are  residuary  in  charac- 
ter, rather  than  delegated  or  granted. 

Limitations. — In  recent  years,  however,  mainly  on  ac- 
count of  the  popular  distrust  in  which  our  legislatures  have 
come  to  be  held,  numerous  limitations  upon  their  powers 
have  been  imposed  by  the  constitutions  of  many  states. 
Thus  they  are  frequently  forbidden  absolutely  to  pass 
local  or  special  laws  where  a  general  law  is  applicable,  or 
they  are  allowed  to  enact  such  laws  only  under  certain  re- 
strictions. In  most  states,  also,  the  legislature  cannot  run 
the  state  into  debt  beyond  a  certain  amount,  and  its  power 
to  impose  taxes  and  appropriate  money  is  generally  re- 
stricted. Finally,  its  power  of  legislation  has  been  limited 
by  the  present  practice  of  regulating  many  important  mat- 
ters in  the  constitution  itself.  In  the  newer  constitutions 
especially  we  find  a  large  number  of  provisions  relating  to 
schools,  cities,  towns,  railroads,  corporations,  taxation,  and 
other  matters.  To  that  extent,  therefore,  the  legislature  is 
deprived  of  its  power  of  legislation  on  these  subjects. 

73 


74  THE  STATE  LEGISLATURE 

Extent  of  the  Legislative  Power. — In  spite  of  the  numerous 
restrictions,  however,  the  power  of  the  legislature  is  very 
large.  It  enacts  the  whole  body  of  criminal  law  of  the 
state;  makes  laws  concerning  the  ownership,  use,  and  dis- 
position of  property,  laws  concerning  contracts,  trade, 
business,  industry,  the  exercise  of  such  professions  as  law, 
medicine,  pharmacy,  and  others;  laws  relating  to  the  gov- 
ernment of  counties,  towns,  cities,  and  other  localities; 
laws  concerning  the  public  health,  education,  charity,  mar- 
riage and  divorce,  and  the  conduct  of  elections;  laws  con- 
cerning railroads,  canals,  ferries,  drainage,  manufacturing, 
eminent  domain,  and  a  great  variety  of  other  matters.  The 
subjects  concerning  which  the  legislatures  may  enact  laws 
are  indeed  so  numerous  and  varied  that  it  would  be  impossi- 
ble to  enumerate  them  all.  For  that  reason  the  legislature 
is  by  far  the  most  important  branch  of  the  state  govern- 
ment, and  it  is  highly  important  that  it  should  be  composed 
of  honest,  intelligent,  and  efficient  members.  Unfortu- 
nately, however,  in  many  states  the  legislature  has  declined 
in  public  esteem.  In  the  early  days  of  our  history  the 
legislative  branch  of  the  government  was  all-powerful.  It 
was  not  only  practically  unlimited  as  to  its  power  of  legis- 
lation, but  it  was  intrusted  with  the  choice  of  many  im- 
portant officers  of  the  state.  Now,  however,  there  is  a  dis- 
position to  cut  down  its  powers  and  place  restrictions  on 
the  exercise  of  those  that  are  left  to  it.  In  many  states  the 
people  have  secured  the  power  to  legislate  for  themselves  by 
means  of  the  initiative  and  referendum  (pp.  85-89) ;  and, 
to  diminish  the  power  of  the  legislature  to  enact  useless 
laws,  many  constitutions  limit  the  length  of  the  sessions  to 
forty  or  sixty  days  in  the  hope  of  compelling  it  to  devote 
its  time  to  the  consideration  of  important  measures  of 
general  interest. 


STRUCTURE  OF  THE  LEGISLATURE  75 

Structure  of  the  Legislature. — Every  state  legislature 
to-day  consists  of  two  houses.  At  first  several  states  fol- 
lowed the  example  of  the  Congress  of  the  Confederation 
and  tried  the  single-chamber  system,  but  they  soon  found 
its  disadvantages  serious,  and  substituted  legislatures  with 
two  houses.  The  principal  advantage  of  a  bicameral  legis- 
lature is  that  each  house  serves  as  a  check  upon  the  haste 
of  the  other  and  thus  insures  more  careful  consideration  of 
bills.  Nevertheless,  proposals  have  recently  been  made  in 
several  states  to  establish  a  single-chambered  legislature, 
and  the  question  was  voted  on  by  the  electors  of  Oregon  in 
1912  and  hi  1914,  and  by  those  of  Arizona  in  1916. 

The  lawmaking  body  popularly  known  as  the  legislature 
is  officially  so  designated  in  some  states,  but  in  others  the 
formal  name  is  the  general  assembly  or  the  legislative  as- 
sembly, and  in  two,  Massachusetts  and  New  Hampshire, 
the  colonial  title,  "  general  court,"  is  still  retained.  In  all 
the  states  the  upper  house  is  styled  the  senate.  In  most 
of  them  the  lower  chamber  is  known  as  the  house  of  repre- 
sentatives, though  in  a  few  it  is  styled  the  assembly  and 
in  three  the  house  of  delegates. 

Both  houses  of  the  state  legislature  are  chosen  by  the 
people.  The  principal  differences  in  their  make-up  are,  that 
the  senate  is  a  smaller  body  and  therefore  each  senator 
represents  a  larger  constituency,  the  senators  in  many  states 
are  chosen  for  a  longer  term,  and  usually  the  senate  is  vested 
with  special  functions  such  as  the  approval  of  executive 
appointments  to  office,  and  the  trial  of  impeachment  cases. 

The  State  Senate. — The  size  of  the  senate  varies  from 
seventeen  members  in  Delaware  to  sixty-seven  in  Minne- 
sota,the  average  number  being  about  thirty-five.  In  about 
two  thirds  of  the  states  the  term  of  senators  is  four  years ; 
in  New  Jersey  their  term  is  three  years ;  in  Massachusetts 


7  6  THE  STATE  LEGISLATURE 

it  is  one  year;  in  the  remaining  states  it  is  two  years.  In 
about  one  third  of  the  states  the  terms  of  the  senators  and 
the  representatives  are  the  same.  In  some  states  the  sena- 
tors are  divided  into  classes,  and  only  half  of  them  retire 
at  the  same  time. 

The  House  of  Representatives. — The  house  of  representa- 
tives everywhere  is  a  more  numerous  body  than  the  senate, 
and  in  a  few  states  the  disproportion  is  very  great.  Thus 
the  New  Hampshire  legislature  with  a  senate  of  24  mem- 
bers has  a  house  of  representatives  of  more  than  400  mem- 
bers, the  largest  in  any  state,  a  body  about  as  large  as  the 
national  house  of  representatives.  The  Connecticut  legis- 
lature is  composed  of  a  senate  of  35  members  and  a  house  of 
representatives  of  258  members;  Vermont  has  a  senate  of  30 
members  and  a  house  of  representatives  of  246 ;  Massachu- 
setts has  a  senate  of  40  members  and  a  house  of  240.  The 
smallest  houses  of  representatives  are  those  of  Delaware 
and  Arizona,  each  consisting  of  35  members. 

Apportionment  of  Senators  and  Representatives. — Senators 
and  representatives  are  apportioned  among  districts,  usu- 
ally on  the  basis  of  population.  Political  units,  however, 
are  often  taken  into  consideration,  and  in  some  states  such 
units  rather  than  the  number  of  inhabitants  are  the  deter- 
mining element.  Thus  it  is  frequently  provided  that  each 
county  shall  be  entitled  to  one  senator,  though  the  popula- 
tion of  some  counties  may  be  many  times  as  great  as  that, 
of  other  counties.  In  some  of  the  New  England  states  the' 
inequalities  of  representation  are  so  glaring  as  to  constitute 
a  great  injustice  to  the  more  populous  towns.  In  Connect- 
icut, for  example,  the  members  of  the  lower  house  are  dis- 
tributed among  the  towns  of  the  state,  without  regard  to 
their  population.  As  a  result  each  of  the  small  towns  of 
Union,  Hartland,  Eallingworth,  and  Colebrook,  with  arj 


STRUCTURE  OF  THE  LEGISLATURE  77 

average  population  of  less  than  1,000  persons,  has  two  rep- 
resentatives, while  New  Haven,  with  133,000  inhabitants, 
has  only  two.  Hartford,  with  about  99,000,  has  only  two, 
and  so  has  Bridgeport  with  a  population  of  102,000,  and 
Waterbury  with  73,000.  These  four  cities  comprise  about 
one  third  the  population  of  the  state,  but  they  have  only 
one  thirty-second  part  of  the  membership  of  the  house  of 
representatives.  A  similar  system  of  representation  exists 
in  Vermont  and  in  the  senate  of  Rhode  Island. 

Moreover,  as  a  result  of  "  gerrymandering  "  by  the  politi- 
cal party  in  control  of  the  legislature  the  legislative  districts 
are  frequently  so  constructed  as  to  give  the  majority  party 
more  than  its  fair  share  of  representatives.  As  a  result 
there  are  in  some  states  great  inequalities  of  representation 
among  the  different  counties  or  legislative  districts. 

In  order  to  prevent  large  cities  from  controlling  the  legis- 
lature and  thereby  dominating  the  state,  a  few  constitu- 
tions limit  their  representation  in  the  legislature.  Thus  in 
New  York  it  is  provided  that  no  county,  however  populous, 
shall  have  more  than  one  third  of  all  the  representatives, 
and  a  somewhat  similar  provision  is  contained  in  the  con- 
stitutions of  Rhode  Island  and  Pennsylvania. 

Minority  Representation  in  the  Legislature. — Where 
there  are  two  political  parties  in  the  state,  it  is  worth  con- 
sidering whether  some  provision  should  not  be  made  for 
allowing  each  party  to  choose  a  number  of  representa- 
tives in  proportion  to  its  numerical  strength,  or  at  least  for 
allowing  the  weaker  party  some  representation  in  the  legis- 
lature. It  not  infrequently  happens  under  the  present 
system  that  the  majority  party  in  the  state  succeeds  in 
electing  nearly  all  the  representatives,  leaving  the  other 
party  practically  without  representation,  although  it  may 
be  strong  enough  to  cast  hundreds  of  thousands  of  votes  in 


78  THE   STATE  LEGISLATURE 

the  state  as  a  whole.  In  the  Oregon  state  election  of  1906, 
for  example,  the  Republican  party,  with  only  55  per  cent  of 
the  voting  strength,  elected  eighty-eight  members  of  the 
legislature,  while  the  Democratic  party,  though  casting 
34  per  cent  of  the  total  vote,  elected  only  seven  repre- 
sentatives. 

The  present  constitution  of  Illinois  contains  a  clause 
which  makes  it  possible  for  the  minority  party  in  each  of 
the  fifty-one  legislative  districts  into  which  the  state  is 
divided  to  elect  at  least  one  of  the  three  representatives  to 
which  the  district  is  entitled.  Each  voter  is  allowed  three 
votes,  and  he  may  give  one  vote  to  each  of  three  candi- 
dates, or  he  may  give  all  three  to  one  candidate,  or  two  to 
one  candidate  and  one  to  another.  Usually  the  party  hav- 
ing the  majority  in  the  district  elects  two  candidates  and 
the  minority  party  one,  the  voters  of  the  latter  party  con- 
centrating all  their  votes  on  the  one  candidate. 

Legislative  Sessions. — In  the  great  majority  of  states 
the  legislatures,  hold  regular  sessions  every  two  years.  In 
New  York,  New  Jersey,  Massachusetts,  Rhode  Island, 
Georgia,  and  South  Carolina  the  legislature  meets  every 
year  in  regular  session.  Alabama  is  contented  with  a  ses- 
sion once  in  every  four  years.  In  California  the  session  is 
divided  into  two  parts,  the  first  being  devoted  exclusively 
to  the  introduction  of  bills.  The  legislature  then  takes  a 
recess  of  a  month  to  enable  the  members  to  consult  their 
constituents  in  regard  to  the  bills  introduced,  after  which 
it  reassembles  for  the  enactment  of  such  legislation  as 
seems  to  be  demanded.  In  all  the  states  the  governor  is 
empowered  to  call  extraordinary  sessions  for  the  considera- 
tion of  special  matters  of  an  urgent  character. 

There  is  a  popular  belief  that  legislatures  waste  much  of 
their  time  in  the  consideration  of  petty  matters,  and  in 


LEGISLATIVE   SESSIONS  79 

many  states  the  constitution  either  limits  the  length  of  the 
session, — sometimes  to  forty,  fifty,  or  sixty  days, — or  pro- 
vides that  where  the  session  is  prolonged  beyond  a  certain 
number  of  days,  the  pay  of  members  shall  cease.  The 
wisdom  of  limiting  the  sessions  to  such  brief  periods,  how- 
ever, is  doubtful,  and  several  states  that  once  imposed  such 
restrictions  have  since  removed  them. 

Legislative  Compensation. — In  all  the  states,  members 
of  the  legislature  receive  pay  for  their  services.  This  is 
either  in  the  form  of  a  definite  amount  per  year,  term,  or 
session,  or  so  much  per  day.  The  largest  legislative  salaries 
are  those  of  Illinois  ($3,500  per  biennial  session),  New  York 
($1,500  per  year),  Massachusetts  and  Ohio  ($1,000  per 
year),  and  Pennsylvania  ($1,500  per  biennial  session). 
In  New  Hampshire,  on  the  other  hand,  the  salary  is  only 
$200  per  biennial  session,  in  Connecticut  $300,  and  in 
South  Carolina  $200  for  each  annual  session.  In  thirty 
states  the  per  diem  method  of  compensation  prevails,  the 
amount  ranging  from  three  dollars  per  day,  which  is  the 
salary  paid  in  Kansas  and  Oregon,  to  ten  dollars  per  day, 
in  Kentucky,  Montana,  and  Nebraska,  the  most  usual  sum 
being  four  or  five  dollars  per  day.  In  several  states,  how- 
ever, the  per  diem  compensation  ceases,  or  is  reduced  to  a 
nominal  amount,  after  the  legislature  has  been  in  session 
60  days  or  90  days.  Mileage  ranging  in  amount  from  ten 
cents  per  mile  to  twenty-five  cents  is  usually  allowed,  and  in 
a  number  of  states  there  is  a  small  allowance  for  postage, 
stationery,  and  newspapers.  In  some  states  the  pay  of 
the  legislators  is  fixed  by  the  constitution,  and  hence  the 
matter  is  beyond  control  of  the  legislature.  Indeed,  in 
only  a  few  states  is  the  matter  of  legislative  pay  left 
entirely  to  the  discretion  of  the  legislature  without  re- 
striction. 


80  THE  STATE  LEGISLATURE 

In  a  number  of  them  the  constitution  either  forbids  mem- 
bers to  accept  free  passes  on  the  railroads,  or  makes  it  the 
duty  of  the  legislature  to  pass  laws  prohibiting  the  ac- 
ceptance of  such  passes. 

Organization  of  the  Legislature. — Each  house  is  usually 
free  to  organize  itself  as  it  may  see  fit,  though  where  the 
office  of  lieutenant  governor  exists,  the  constitution  desig- 
nates that  official  as  the  presiding  officer  of  the  senate. 

The  Speaker. — The  presiding  officer  of  the  lower  house  is 
styled  the  speaker,  and  in  all  the  states  he  is  chosen  by  the 
house  from  its  own  membership.  He  calls  the  house  to 
order,  presides  over  its  deliberations,  enforces  the  rules  gov- 
erning debate,  puts  motions  and  states  questions,  makes 
rulings  on  points  of  order,  recognizes  members  who  desire 
to  address  the  house,  appoints  the  committees,  signs  the 
acts  and  resolutions  passed  by  the  house,  and  maintains 
order  and  decorum.  He  usually  belongs  to  the  political 
party  which  is  in  the  majority  in  the  house,  and  in  making 
up  the  committees  and  recognizing  members  for  the  pur- 
pose of  debate  he  usually  favors  those  of  his  own  party. 

The  Clerk. — Each  house  has  a  clerk  or  secretary  who 
keeps  the  journal  of  the  proceedings,  has  custody  of  all 
bills  and  resolutions  before  the  house,  keeps  the  calendar 
of  bills,  calls  the  roll,  reads  bills,  and  performs  other  duties 
of  a  like  character.  He  is  often  assisted  by  other  clerks 
such  as  a  reading  clerk,  an  engrossing  clerk,  sometimes  an 
enrolling  clerk,  etc. 

Sergeant-at-arms. — To  execute  the  orders  of  the  house  in 
preserving  good  order  and  enforcing  the  rules,  there  is  an 
officer  called  a  sergeant-at-arms.  He  usually  has  custody 
of  the  hall  in  which  the  meetings  are  held,  makes  arrests 
when  the  house  orders  an  outsider  to  be  taken  into  cus- 
tody for  contempt,  compels  absent  members  to  attend 


STATE  CAPITOL,  HARRISBURG,  PENNSYLVANIA 


STATE  CAPITOL,  SALEM,  OREGON 


ORGANIZATION  OF  THE  LEGISLATURE  8l 

when  ordered  by  the  house  to  do  so,  and  sometimes  keeps 
the  accounts  of  the  pay  and  mileage  of  members. 

Other  Officers  and  Employees. — Usually,  also,  there  is  a 
chaplain  who  opens  the  session  with  prayer,  though  he  is 
not  always  a  paid  employee;  a  postmaster;  and  a  number  of 
miscellaneous  employees  such  as  doorkeepers,  janitors,  copy- 
ing clerks,  stenographers,  pages,  etc.1 

Committees. — For  convenience  in  legislation  the  mem- 
bers of  each  house  are  grouped  into  committees,  the  more 
important  of  which  are  those  on  agriculture,  corporations, 
finance  or  appropriations,  ways  and  means,  judiciary,  rail- 
roads, labor,  education,  manufactures,  engrossment  and 
enrollment,  and  insurance.  In  the  Western  states  there 
are  usually  committees  on  immigration,  mining,  dairies,  for- 
estry, fish  and  game,  drainage,  swamp  lands,  irrigation, 
levees  and  river  improvements,  etc.  The  number  and  size 
of  the  committees  vary  in  different  states.  In  some  of  the 
states  there  are  as  many  as  fifty  or  sixty  committees,  and 

1  The  California  house  of  representatives,  consisting  of  eighty  mem- 
bers, had  in  1907  a  total  of  335  employees,  with  salaries  ranging  from 
$3  to  $8  per  day.  The  senate,  composed  of  forty  members,  had  228 
employees.  Since  then  an  amendment  to  the  constitution  of  that 
state  has  been  adopted,  limiting  to  $500  per  day  the  amount  that 
may  be  expended  by  the  legislature  for  clerical  assistance.  In  some 
other  states  the  number  of  employees  of  the  legislature  seems  exces- 
sive, and  restrictions  similar  to  that  now  found  in  the  constitution 
of  California  might  not  be  out  of  place.  Thus  in  1903  there  were 
226  employees  of  the  legislature  of  Illinois,  315  in  Missouri,  299  in 
New  York,  and  225  in  Oregon.  The  expense  account  of  legislative 
employees  in  Illinois  for  the  session  of  1913  amounted  to  more  than 
$95,000;  the  amount  in  New  York  was  over  $250,000;  and  in  Wis- 
consin over  $76,000.  One  of  the  arguments  now  being  urged  hi  some 
states  in  favor  of  a  single-chamber  legislature  is  that  it  would  make 
possible  a  material  reduction  in  the  number  of  legislative  employees 
and  a  corresponding  diminution  of  expenses. 
Govt.  U.  S.— £ 


52  THE  STATE  LEGISLATURE 

occasionally  as  many  as  forty  members  are  placed  on  a 
single  committee.  In  addition  to  the  standing  committees 
of  each  house  there  are  frequently  select  committees  ap- 
pointed for  special  purposes,  and  there  are  usually  a  number 
of  joint  committees  made  up  of  members  of  both  houses. 
In  the  New  England  states  most  of  the  committee  work  is 
done  by  joint  committees,  there  being  usually  only  four  or 
five  standing  committees  in  each  house. 

How  Bills  are  Passed. — Each  house  is  empowered  to 
frame  its  own  rules  of  procedure,  but  in  order  to  insure 
publicity  and  careful  consideration  of  bills  the  state  consti- 
tutions have  placed  restrictions  upon  the  legislature  in  the 
consideration  and  passage  of  bills.  Thus  in  all  the  states 
each  house  is  required  to  keep  a  journal  of  its  daily  pro- 
ceedings; in  most  states  it  is  provided  that  no  law  shall  be 
passed  except  by  bill,  that  no  bill  shall  embrace  more  than 
one  subject,  which  shall  be  clearly  expressed  in  the  title  of 
the  bill,  that  no  money  shall  be  appropriated  except  by 
law,  that  every  bill  shall  be  read  at  least  three  times  be- 
fore being  passed,  that  no  existing  law  shall  be  amended  by 
mere  reference  to  its  title  but  the  amended  portion  must  be 
set  out  in  full,  and  that  the  yeas  and  nays  shall  be  recorded 
upon  demand  of  a  certain  number  of  members.  Some  states 
require  that  every  bill  shall  be  referred  to  a  committee,  that 
every  bill  shall  be  printed  and  placed  on  the  desk  of  each 
member,  that  no  bill  shall  be  introduced  after  the  legisla- 
ture has  been  in  session  a  certain  number  of  days,  and  that 
bills  of  a  local  or  private  character  shall  be  introduced 
only  after  public  notice  has  been  given  in  the  locality  af- 
fected and  to  be  valid  must  be  passed  by  a  two-thirds  ma- 
jority of  each  house;  and  so  on. 

In  general  these  constitutional  restrictions  represent  an 
attempt  to  eliminate  the  evils  of  undue  haste,  lack  of  con- 


HOW  BILLS  ARE  PASSED  83 

sideration,  extravagance,  and  objectionable  local  and 
private  bills,  and  to  compel  the  legislature  to  do  its  work 
openly,  carefully,  and  in  the  interest  of  the  public  good. 

Order  of  Procedure. — A  common  order  of  the  procedure  in 
passing  bills  is  the  following :  i .  Introduction  and  first  read- 
ing. 2.  Reference  to  a  committee.  3.  Report  of  the  com- 
mittee. 4.  Second  reading.  5.  Third  reading.  6.  Vote  on 
passage.  7.  Enrollment.  8.  Approval  by  the  Governor. 
This  order  of  procedure,  however,  is  often  departed  from 
under  a  suspension  of  the  rules  or  by  unanimous  consent. 

Usually  any  member  can  introduce  a  bill  on  any  subject 
and  at  any  time  1  except  where  the  constitution  forbids  the 
introduction  of  bills  after  a  certain  date,  and  some  legis- 
latures have  even  found  a  means  of  evading  this  restriction. 
In  most  states  a  bill  can  be  introduced  by  filing  it  with  the 
clerk.  It  is  then  usually  read  the  first  time,  though  only 
by  title,  and  referred  to  the  appropriate  committee  for 
consideration  and  report.  The  committee  may  "  pigeon- 
hole" it  and  never  report,  or  it  may  make  a  report  so  late  in 
the  session  that  consideration  of  the  bill  is  impossible.  If 
the  bill  seems  worthy  of  being  reported,  the  committee  re- 
ports it  to  the  house  with  a  recommendation  that  it  be 
passed  either  with  or  without  amendments,  or  that  it  be 
rejected.  If  reported  favorably  it  is  placed  on  the  calendar 
for  consideration  in  its  turn.  At  this  stage  it  is  open  for 
general  discussion  and  for  amendment  by  the  house.  If  the 
bill  meets  the  approval  of  the  house,  it  is  finally  ordered  to 
be  engrossed  and  read  a  third  time.  It  is  then  put  in  shape 
by  the  committee  on  engrossment,  after  which  it  is  read  a 
third  time  and  finally  passed.  It  then  goes  to  the  other 

1  In  Wisconsin  and  some  other  states,  "  legislative  reference 
bureaus"  furnish  members  with  information  regarding  subjects  of 
proposed  legislation,  and  aid  them  in  the  drafting  of  bills, 


84  THE  STATE  LEGISLATURE 

house,  where  the  procedure  is  substantially  the  same.  If 
passed  by  the  second  house,  it  is  ready  for  the  signature  of 
the  governor.  If  amended  by  the  second  house,  it  comes 
back  to  the  first  house  for  concurrence  in  the  amendments. 
If  the  first  house  refuses  its  concurrence,  a  conference  com- 
mittee is  usually  appointed  by  the  two  houses  to  consider  and 
recommend  a  compromise.  The  bill  is  not  ready  to  send  to 
the  governor  until  it  has  been  passed  by  both  houses  in 
exactly  the  same  form. 

Lobbying  and  Bribery. — In  all  our  states  a  large  pro- 
portion of  the  legislation  enacted  affects  directly  or  in- 
directly the  interests  of  particular  persons,  classes,  or  locali- 
ties. As  a  result,  interested  parties  bring  great  pressure 
to  bear  upon  the  members  to  pass  certain  bills  or  to  re- 
ject certain  others. 

Methods  of  the  Lobbyist. — Usually  when  the  legislature 
meets,  the  paid  representatives  of  interested  individuals, 
corporations,  or  local  governments  appear  on  the  scene  to 
urge  legislation  in  their  interests  or  to  defeat  bills  intro- 
duced that  are  unfavorable  to  them.  These  persons  are 
known  as  "  lobbyists,"  and  the  means  they  employ  to  secure 
or  prevent  legislation  are  often  improper  and  sometimes 
venal.  Sometimes  money  is  used  to  bribe  members  to  vote 
for  or  against  pending  measures,  and  there  are  few  states 
indeed  where  charges  of  this  kind  have  not  been  made.  In 
one  state  recently,  money  was  contributed  in  large  quanti- 
ties by  persons  interested  in  preventing  certain  legislation, 
and  the  sum  thus  contributed  was  known  as  the  "jack 
pot"  fund,  out  of  which  members  were  handsomely  paid 
for  their  votes.  In  a  special  message  to  the  legislature  of 
New  .York  state,  Governor  Hughes  declared  that  certain 
disclosures  had  "caused  honest  citizens  to  tingle  with  shame 
and  indignation  and  made  irresistible  the  demand  that 


LOBBYING  AND  BRIBERY  85 

every  proper  means  should  be  employed  to  purge  and 
purify  the  legislature."  The  situation  described  by  the 
governor  as  existing  in  New  York,  unfortunately  exists  in 
other  states  as  well. 

"Strike"  Bills. — Some  of  the  great  corporations  main- 
tain regularly  paid  lobbyists  at  the  state  capitals  when  the 
legislature  is  in  session,  not  so  much  for  the  purpose  of 
securing  legislation  in  their  interests  as  to  prevent  the  en- 
actment of  laws  to  which  they  are  opposed.  Sometimes 
they  are  practically  forced  to  have  lobbyists  on  the  ground 
to  prevent  the  enactment  of  what  are  called  "strike"  bills, 
that  is,  bills  introduced  by  unscrupulous  members  for  the 
purpose  of  extorting  money  from  the  corporations  to  pay 
for  defeating  them. 

Anil-lobbying  Legislation. — The  evils  growing  out  of  the 
practice  of  the  special  interests  in  maintaining  paid  lobby- 
ists near  the  legislature  have  led  to  attempts  in  a  number 
of  states  to  restrict  such  abuses  by  legislation.  This  legis- 
lation, in  general,  makes  it  unlawful  to  attempt  to  influ- 
ence improperly  any  legislator.  In  several  states  lobbyists 
are  required  to  make  known  the  purpose  of  their  business 
and  to  register  their  names  with  the  secretary  of  state,  and 
after  the  adjournment  of  the  legislature  to  file  a  sworn 
statement  of  their  expenses. 

Direct  Legislation :  the  Initiative  and  the  Referendum.— 
The  legislature  is  not  the  only  agency  for  enacting  law  and 
determining  the  public  policies  of  the  state.  Laws  on  cer- 
tain subjects  may  be  made  by  the  people  themselves  acting 
directly  in  their  primary  capacity  as  well  as  through  the 
agency  of  representatives.  This  is  done  through  what  are 
called  the  initiative  and  the  referendum.  The  initiative 
is  a  device  by  which  the  people  themselves  may  propose 
laws  and  have  them  submitted  to  the  voters  for  their 


86  THE  STATE  LEGISLATURE 

approval  or  rejection.  Through  the  referendum  the  people 
reserve  the  power  to  approve  or  reject  by  popular  vote 
certain  laws  enacted  by  the  legislature. 

Varieties  of  Referendum. — The  referendum  may  be  ob- 
ligatory or  optional  in  character,  that  is,  the  approval  of  the 
electorate  may  be  required  by  the  constitution  before  cer- 
tain laws  shall  go  into  effect,  or  the  legislature  in  its  dis- 
cretion may  refer  a  law  to  the  people  for  their  opinion. 
Thus  the  constitutions  of  many  states  declare  that  no  law 
for  increasing  the  debt  of  the  state  beyond  a  certain  amount 
shall  be  valid  until  it  has  been  submitted  to  the  voters  and 
approved  by  them.  Again,  the  referendum  may  be  manda- 
tory or  advisory  in  character.  Under  the  mandatory  form, 
the  legislature  is  required  to  carry  out  the  will  of  the  elec- 
torate as  pronounced  on  any  subject  referred  to  the  voters, 
while  the  advisory  referendum  is  nothing  more  than  an 
expression  of  opinion  which  may  or  may  not  be  followed 
by  legislative  action. 

Again,  the  referendum  may  be  state-wide  in  its  scope,  as 
where  a  general  law  or  question  of  public  policy  is  sub- 
mitted to  the  voters  of  the  whole  state,  or  it  may  be  of  a 
local  character,  as  where  a  law  affecting  a  particular  com- 
munity is  referred  to  the  voters  thereof. 

The  referendum  as  a  device  for  adopting  constitutions 
and  constitutional  amendments  is  as  old  as  the  republic 
itself,  and  is  now  the  general  practice  (pp.  65,  70).  In  all 
the  states  except  Delaware  proposed  amendments  must 
be  submitted  to  the  voters  at  a  general  or  special  election, 
and  must  be  adopted  by  them  before  going  into  effect.  The 
use  of  the  referendum  for  ordinary  lawmaking  is  also  an 
old  practice,  though  it  is  much  more  generally  resorted  to 
now  than  formerly.  Thus  very  early  in  our  history  it  was 
employed  for  such  purposes  as  the  incorporation  of  towns, 


DIRECT  LEGISLATION  87 

borrowing  money,  the  location  of  county  sites,  division  of 
counties,  subscription  to  stock  in  railroads  and  other  enter- 
prises by  states,  counties,  or  towns,  and  the  levying  of 
special  taxes  for  the  support  of  schools.  One  of  the  im- 
portant uses  to  which  it  was  put  was  the  determination  of 
the  question  whether  intoxicating  liquor  should  be  sold  in 
a  particular  locality.  In  time  what  were  called  local  option 
laws  were  passed  in  many  states,  giving  the  people  of  towns, 
cities,  or  other  local  divisions  of  the  state  the  privilege  of 
determining  by  popular  vote  whether  liquor  should  be  sold 
within  their  limits.  Other  matters  that  have  frequently 
been  made  the  subject  of  a  referendum  are:  the  granting 
of  the  suffrage  to  negroes,  and  sometimes  the  enfranchise- 
ment of  women;  the  location  of  state  capitals;  the  sale  of 
school  lands;  the  incorporation  of  state  banks  of  issue;  the 
granting  of  aid  to  railroads;  the  adoption  of  the  township 
form  of  local  government;  the  construction  of  canals;  the 
erection  of  public  libraries;  and  many  other  matters  too 
numerous  to  mention.  There  is  no  state  in  which  the 
referendum  is  not  provided  by  the  constitution  for  certain 
kinds  of  legislation,  and  there  is  hardly  a  general  election 
held  nowadays  in  which  the  voters  are  not  called  upon  to 
pass  judgment  upon  some  proposed  act  of  the  legislature 
or  some  question  of  public  policy. 

In  Illinois  there  has  been  enacted  what  is  known  as  the 
"public  opinion  law,"  which  provides  that  upon  petition 
by  10  per  cent  of  the  registered  voters  of  the  state  the 
legislature  is  required  to  submit  to  the  voters  any  question 
of  public  policy  for  their  opinion.  The  popular  vote,  how- 
ever, is  nothing  more  than  an  expression  of  opinion  by  the 
voters  and  is  not  binding  upon  the  legislature. 

The  Oregon  System. — The  idea  of  the  initiative  and  the 
referendum  has  been  carried  out  most  fully  in  Oregon, 


88  THE  STATE  LEGISLATURE 

whose  constitution  provides  that  8  per  cent  of  the  voters 
may  by  petition  propose  an  amendment  to  the  constitu- 
tion, and  when  so  proposed  it  must  be  submitted  to  the 
voters  and  if  approved  by  a  majority  of  them  the  amend- 
ment becomes  a  part  of  the  constitution.  Likewise  the 
constitution  of  Oregon  provides  for  the  initiation  and  adop- 
tion of  ordinary  laws  by  the  people.  It  further  provides 
that  upon  the  petition  of  5  per  cent  of  the  voters  any  act 
of  the  legislature,  with  certain  exceptions,  before  going 
into  effect,  must  be  submitted  to  the  people  for  their  ap- 
proval, and  if  not  approved  by  a  majority  of  those  voting, 
it  shall  not  go  into  effect.  From  1904  to  1914,  130  consti- 
tutional amendments  and  statutes  were  submitted  to  popu- 
lar vote,  of  which  46  were  adopted.  For  the  information 
of  the  voters,  "  publicity  pamphlets  "  are  provided,  con- 
taining an  explanation  of  the  measures  upon  which  they 
are  called  to  vote,  together  with  arguments  for  and  against 
each  proposition.  In  1912  these  arguments  (on  37  meas- 
ures) made  a  book  of  252  pages. 

Initiative  and  Referendum  in  other  States. — Various  other 
states  (South  Dakota,  Utah,  Colorado,  Montana,  Idaho, 
Missouri,  Maine,  Arkansas,  Oklahoma,  Nebraska,  Arizona, 
Nevada,  California,  Washington,  Michigan,  Ohio,  North  Da- 
kota, Massachusetts,  and  Mississippi)  have  established  both 
the  initiative  and  the  referendum  in  some  form  or  other. 
The  initiative  and  referendum  are  in  use  also  in  many 
cities,  especially  those  under  the  commission  plan  of  gov- 
ernment. Usually  the  number  who  are  empowered  to  ini- 
tiate a  proposed  law  or  ordinance  is  8  or  10  per  cent  of  the 
registered  vote.  In  Texas  the  referendum  is  applied  to  the 
formulation  by  political  parties  of  their  party  policies,  10 
per  cent  of  the  voters  being  allowed  to  propose  policies 
which  must  be  submitted  to  the  party  for  their  opinion. 


DIRECT  LEGISLATION  89 

Merits  of  the  Referendum. — One  of  the  chief  merits  of  the 
referendum  is  that  it  serves  as  a  check  on  the  vices,  follies, 
and  errors  of  judgment  of  the  legislature.  Another  merit 
claimed  for  the  referendum  is  its  educative  effect  upon  the 
electorate.  Where  the  voters  are  frequently  called  upon 
to  pass  judgment  upon  the  acts  of  the  legislature  or  upon 
questions  of  public  policy,  they  must,  if  they  discharge  their 
duty  properly,  study  the  measures  submitted  to  them  and 
thus  become  trained  in  public  affairs.  The  enjoyment  of 
such  a  privilege  also  tends  to  stimulate  their  interest  in 
political  affairs  and  increase  their  feeling  of  responsibility 
for  the  good  government  of  the  state. 

The  advantage  of  the  initiative  is  that  it  puts  in  the  hands 
of  the  people  the  power  to  bring  forward  needed  measures 
of  legislation  and  secure  a  vote  on  them  whenever  the  legis- 
lature refuses  to  act  in  obedience  to  the  popular  mind. 

References. — BEARD,  American  Government  and  Politics,  ch.  xxv. 
BRYCE,  The  American  Commonwealth  (abridged  edition),  ch.  xxxix. 
DEALEY,  Our  State  Constitutions,  ch.-  vii.  HART,  Actual  Govern- 
ment, ch.  vii.  REINSCH,  American  Legislatures  and  Legislative 
Methods,  chs.  iv-x.  WILSON,  The  State,  sees.  1128-1142. 

Documentary  and  Illustrative  Material. — i.  The  legislative  man- 
ual or  blue  book  of  the  state.  2.  A  map  showing  the  division  of 
the  state  into  legislative  districts.  3.  Rules  of  procedure  of  the  two 
houses  of  the  legislature.  4.  Specimen  copies  of  bills  and  resolutions. 
5,  Messages  of  the  governor  to  the  legislature.  6.  The  last  volume 
of  the  session  laws  of  the  state. 

RESEARCH  QUESTIONS 

1.  How  many  members  are  there  in  the  senate  of  your  state  legis- 
lature?   How  many  in  the  house  of  representatives?    What  is  the 
term  of  the  members  of  each  house?    What  are  the  qualifications  for 
membership?    What  is  the  salary? 

2.  What  is  the  principle  of  apportionment  of  the  members  of  each 
house?     Are  there  any  inequalities  of  representation  among  the 


QO  THE  STATE  LEGISLATURE 

districts  or  counties  from  which  the  members  are  chosen?  What 
county  has  the  largest  number  of  representatives?  What  county  the 
smallest  number?  Have  any  charges  been  made  that  the  state  is 
"gerrymandered"  in  the  interest  of  the  dominant  party? 

3.  How  many  committees  are  there  in  each  house?    Of  what  com- 
mittees are  your  representatives  and  your  senator  members?    What 
is  the  average  number  of  members  on  each  committee?    Name  some 
of  the  most  important  committees.    What  are  the  principal  officers 
and  employees  of  each  house? 

4.  How  often  does  the  legislature  of  your  state  meet  in  regular 
session?    Are  there  any  constitutional  restrictions  on  the  length  of 
the  sessions?    Have  any  extraordinary  sessions  been  held  in  recent 
years?    If  so,  for  what  purpose?    Are  there  any  restrictions  on  the 
power  of  the  legislature  when  in  extraordinary  session? 

5.  How  many  acts  were  passed  at  the  last  regular  session?    How 
many  joint  resolutions  were  adopted?   What  is  the  difference  between 
an  act  and  a  joint  resolution? 

6.  What  are  the  provisions  in  the  constitution  of  your  state  in  re- 
gard to  the  procedure  of  the  legislature  in  passing  bills?    Find  out 
from  the  rules  of  each  house  how  a  bill  is  introduced,  considered, 
and  passed.    How  are  special  and  local  acts  passed? 

7.  Is  there  a  law  in  your  state  to  regulate  lobbying?    What  is  the 
penalty  for  accepting  a  bribe? 

8.  Is  there  a  legislative  reference  bureau  or  other  agency  hi  your 
state  for  collecting  information  for  the  benefit  of  members  or  for 
assisting  them  in  the  preparation  of  bills? 

9.  Are  there  any  provisions  in  the  constitution  of  your  state  in  re- 
gard to  the  initiative  or  referendum?    Do  you  know  of  any  instance 
in  recent  years  in  which  the  people  of  the  state  were  called  upon  to 
vote  on  a  proposed  legislative  act  or  a  question  of  public  policy?    Is 
there  a  local  option  liquor  law  in  your  state?    If  so,  have  the  people 
of  your  county  or  city  taken  advantage  of  it? 

10.  Do  you  think  members  of  the  legislature  when  instructed  by 
their  constituents  to  vote  for  or  against  a  certain  measure,  should 
obey  the  instructions,  or  vote  according  to  their  own  judgment  of 
what  is  best  without  regard  to  the  expressed  will  of  the  people? 

11.  Is  there  any  organization  in  your  state  for  studying  the  records 
of  members  and  for  securing  the  election  of  honest  and  efficient 
legislators? 


CHAPTER  V 
THE  STATE  EXECUTIVE 

The  Governor;  Election  and  Qualifications. — Each  state 
has  a  chief  executive  styled  a  governor,  who  is  charged  with 
the  execution  of  the  laws.  In  all  he  is  elected  by  the  people. 
In  nearly  all,  a  plurality  of  the  popular  vote  is  sufficient  to 
elect,  but  in  a  few  states  a  majority  is  required  and  if  no 
candidate  receives  a  majority  of  the  popular  vote,  either 
the  legislature  makes  the  choice,  or  a  second  popular  elec- 
tion is  held. 

To  be  eligible  to  the  office  of  governor,  a  man  must  have 
attained  a  certain  age,  usually  thirty  years,  and  generally 
he  must  be  a  citizen  of  the  United  States;  in  many  states 
he  must  have  been  a  citizen  for  a  period  ranging  from  five 
to  twenty  years.  He  is  also  usually  required  to  have  been 
a  resident  of  the  state  for  a  period  ranging  from  one  to 
ten  years. 

Term. — The  term  of  the  governor  in  twenty-five  states 
is  two  years;  in  the  others  it  is  four  years  except  in 
New  Jersey,  where  it  is  three  years.  Formerly  the  term  was 
one  year  in  several  states,  but  by  1920  all  of  them  had 
changed  it  to  two  years.  A  one-year  term  seems  to  have 
little  to  recommend  it,  for  experience  is  as  necessary  for  the 
successful  administration  of  public  affairs  as  for  the  conduct 
of  private  business,  and  familiarity  with  the  duties  of  an  office 
of  such  importance  cannot  be  acquired  in  so  short  a  time. 
However,  where  the  one-year  term  prevailed,  it  was  custom- 

91 


92  THE  STATE  EXECUTIVE 

ary  to  reeled  the  governor  to  a  second  term.  In  a  number 
of  states,  the  governor  is  ineligible  to  two  successive  terms, 
the  idea  being  that  if  reeligible  he  would  make  use  of  his  of- 
ficial power  to  secure  his  reelection.  A  few  state  constitutions 
wisely  provide  that  he  may  hold  office  until  his  successor  has 
qualified,  and  thus  the  danger  of  a  vacancy  is  obviated. 

Salary. — The  salary  of  the  governor  is  everywhere  com- 
paratively small,  though  in  recent  years  the  tendency  has 
been  to  increase  it.  In  three  fourths  of  the  states  now  the 
salary  is  $5,000  per  year  or  more.  In  California,  Massa- 
chusetts, New  Jersey,  New  York,  Ohio,  and  Pennsylvania, 
it  is  $10,000  per  year,  and  in  Illinois  it  is  $12,000.  The 
smallest  salary  is  $2,500  per  year,  which  is  the  amount 
allowed  in  Nebraska.  Frequently  the  state  provides 
the  governor  with  a  residence  styled  the  "  executive  man- 
sion." A  contingent  fund  out  of  which  to  meet  the  expense 
of  emergencies  in  the  execution  of  laws  is  usually  placed  at 
his  disposal,  but  this  fund  cannot  be  used  for  private  pur- 
poses. Some  governors,  however,  have  not  been  very  care- 
ful to  distinguish  between  private  and  official  purposes,  and 
not  infrequently  the  use  made  of  this  fund  has  been  the 
subject  of  legislative  investigation  and  of  popular  criticism. 

Organization  of  the  Executive  Department. — The  or- 
ganization of  the  executive  department  of  the  state  gov- 
ernment is  different  in  one  important  respect  from  that  of 
the  executive  department  of  the  United  States.  In  the 
national  government  the  responsibility  for  the  administra- 
tion of  executive  affairs  is  concentrated  in  the  hands  of  the 
President,  and  the  heads  of  the  various  departments  are 
all  his  appointees;  they  are  responsible  directly  to  him  for 
the  discharge  of  their  duties,  are,  within  the  limits  of  the 
law,  subject  to  his  direction,  and  may  be  removed  by  him 
for  any  reason  which  to  him  may  seem  expedient.  The 


ORGANIZATION  OF  EXECUTIVE  DEPARTMENT          93 

executive  power  of  the  state,  on  the  contrary,  instead  of 
being  concentrated  in  the  hands  of  the  governor,  is  really 
divided  between  him  and  a  number  of  other  state  officers, 
who  are  generally  elected  by  the  people  and  over  whom  he 
has  little  or  no  control.  They  are,  in  short,  his  colleagues 
rather  than  his  subordinates.  This  method  of  organizing 
the  executive  power  has  justly  been  criticized  on  the  ground 
that  it  introduces  a  division  of  responsibility  and  lack  of  co- 
ordination in  the  state  administration.  Thus,  although  the 
governor  is  charged  with  the  execution  of  the  laws,  he  usu- 
ally has  no  power  to  direct  the  attorney-general  to  institute 
proceedings  against  a  person  or  corporation  for  violating 
the  law,  as  the  President  of  the  United  States  might  do  in  a 
similar  case.  Again,  he  may  have  reason  to  believe  that  the 
state  treasurer  is  a  defaulter,  but  in  most  of  the  states  he 
has  no  power  to  examine  into  the  affairs  of  the  treasurer's 
office,  or  to  remove  him  from  office.  And  so  with  the  other 
principal  officers  that  collectively  make  up  the  executive 
department.  The  responsibility  of  these  officials  is  usually 
to  the  people  alone,  and  responsibility  in  such  cases  cannot 
always  be  enforced,  for  they  are  elected  for  specific  terms 
and  cannot  be  removed  before  the  expiration  of  their  terms, 
except  by  the  cumbersome  method  of  impeachment. 

The  Lieutenant  Governor. — In  about  two  thirds  of  the 
states  there  are  lieutenant  governors  chosen  for  the  same 
time  and  in  the  same  manner  as  the  governor.  About  the 
only  duty  of  this  official  is  to  preside  over  the  deliberations 
of  the  senate.  In  case  of  a  vacancy  in  the  office  of  governor 
on  account  of  death,  resignation,  or  removal,  or  in  case  of 
his  absence  from  the  state,  the  lieutenant  governor  per- 
forms the  duties  of  the  office  for  the  time  being. 

Executive  Councils. — Three  of  the  New  England  states 
(Massachusetts,  Maine,  and  New  Hampshire)  have  execu- 


94  THE  STATE  EXECUTIVE 

tive  councils — survivals  of  colonial  days — which  share  the 
executive  power  with  the  governor  to  a  considerable  extent. 
Their  consent  is  necessary  to  the  validity  of  many  of  his 
acts,  such  as  the  making  of  appointments,  the  granting  of 
pardons,  and  the  like.  A  modified  form  of  the  executive 
council  is  found  in  a  few  other  states. 

Other  Executive  Officers. — Besides  the  governor,  who 
is  the  chief  executive,  there  are  in  every  state  a  number  of 
state  officers  each  in  charge  of  a  particular  branch  of  the 
administrative  service. 

Secretary  of  State. — The  first  of  these  in  rank  is  the  secre- 
tary of  state,  who  is  the  custodian  of  the  state  archives  and 
of  the  great  seal  of  the  state;  has  charge  of  the  publication 
and  preservation  of  the  laws;  countersigns  the  proclama- 
tions and  commissions  issued  by  the  governor  and  keeps  a 
record  of  them;  issues  certificates  of  incorporation  to  com- 
panies incorporated  under  the  laws  of  the  state;  and  dis- 
charges other  miscellaneous  duties  which  vary  in  the  differ- 
ent states.  He  is  elected  by  the  people  in  all  the  states 
except  a  very  few  where  he  is  either  appointed  by  the  gov- 
ernor or  chosen  by  the  legislature. 

The  Treasurer  of  the  state,  as  the  name  indicates,  is  the 
keeper  of  the  public  moneys,  such  as  taxes,  trust  funds, 
and  the  like,  and  upon  warrants  issued  by  the  auditor 
or  other  proper  authority,  he  pays  out  money  appropriated 
by  the  legislature.  Everywhere  he  is  elected  by  the  people, 
usually  for  a  short  term,  and  is  required  to  give  a  heavy 
bond  so  as  to  insure  the  state  against  loss  in  case  of  his 
carelessness  or  dishonesty.  He  is  generally  paid  a  salary, 
which  is  increased  in  some  cases  by  the  practice  of  treas- 
urers depositing  the  state's  money  in  banks  from  which 
they  receive  interest.  The  treasurer  of  a  certain  Western 
state  received  thousands  of  dollars  a  year  in  this  way,  until 


OTHER  EXECUTIVE  OFFICERS  95 

the  legislature  passed  a  law  requiring  him  to  turn  into  the 
state  treasury  all  moneys  received  in  the  form  of  interest  on 
state  deposits. 

Auditor. — Another  financial  officer  found  in  all  the  states 
is  the  auditor  or  comptroller,  whose  duties,  in  general,  are 
to  audit  the  accounts  of  the  state  and  issue  warrants  upon 
the  treasurer  for  the  payment  of  moneys  which  have  been 
appropriated  by  the  legislature.  A  warrant  issued  by  the 
auditor  is  the  treasurer's  authority  for  paying  money  out  of 
the  treasury,  and  without  such  an  order  he  has  no  lawful 
right  to  make  a  disbursement.  Other  duties  of  a  miscel- 
laneous character  are  imposed  upon  auditors  in  the  differ- 
ent states. 

Superintendent  of  Education. — Another  important  official 
is  the  superintendent  or  commissioner  of  public  education, 
who  has  charge  of  the  larger  educational  interests  of  the 
state.  He  supervises  the  administration  of  the  school  laws, 
distributes  the  school  fund  among  the  local  districts,  makes 
rules  and  regulations  in  regard  to  the  holding  of  teachers' 
institutes,  makes  reports  to  the  legislature  concerning  the 
educational  conditions  and  needs  of  the  state,  and  is  fre- 
quently a  member  of  the  state  board  of  education  and  of 
the  boards  of  trustees  of  the  state  educational  institutions. 

Other  Officers. — Besides  the  officials  mentioned  above, 
there  are  a  multitude  of  other  officers  and  employees  in  the 
larger  states,  such  as  the  commissioner  of  agriculture,  the 
commissioner  of  immigration,  the  commissioner  of  labor, 
state  engineer,  railroad  commissioners,  superintendent  of 
public  works,  state  printer,  factory  inspectors,  pure  food  and 
dairy  commissioners,  state  architect,  land  commissioner, 
mine  inspectors,  superintendents  of  insurance,  and  many 
others  too  numerous  to  mention.  Of  course,  not  every 
state  has  all  these,  but  some  of  the  more  populous  ones 


96  THE  STATE  EXECUTIVE 

such  as  New  York  and  Massachusetts  have  most  of  them 
and  others  in  addition. 

The  Governor's  Powers. — The  powers  and  duties  of  gov- 
ernor may  be  roughly  grouped  into  four  classes:  (i)  his 
share  in  the  making  of  the  laws;  (2)  his  power  to  execute  the 
laws  and  administer  the  affairs  of  government;  (3)  his  mili- 
tary power;  and  (4)  his  power  to  grant  pardons  for  viola- 
tions of  the  laws. 

Legislative  Powers. — Power  to  Call  Extra  Sessions. — 
Everywhere  he  is  empowered  to  call  the  legislature  together 
in  extraordinary  session.  He  uses  this  power  in  case  of 
emergencies,  and  also  to  secure  the  enactment  of  needed  leg- 
islation which  has  been  overlooked  or  neglected  by  the  legis- 
lature at  the  regular  session.  In  New  York  recently,  when 
the  legislature  adjourned  without  enacting  a  promised  law 
against  race  track  gambling,  the  legislature  was  summoned 
in  extraordinary  session  and  executive  pressure  and  public 
opinion  were  brought  to  bear  upon  it  to  compel  the  enact- 
ment of  the  law.  Sometimes  a  great  catastrophe  occurs 
when  the  legislature  is  not  in  session;  for  example,  the  Cali- 
fornia earthquake,  the  Cherry  mine  disaster  in  Illinois,  and 
the  Galveston  storm,  each  of  which  required  the  immediate 
attention  of  the  legislature.  In  order  to  prevent  the  legis- 
lature when  in  extraordinary  session  from  taking  action  for 
which  there  is  really  no  need,  the  constitutions  of  most 
states  forbid  it  to  consider  any  subjects  not  submitted  to  it 
by  the  governor;  and  in  some  states  the  length  of  an  extra 
session  is  limited  to  thirty  or  sixty  days. 

The  Executive  Message. — The  governor  is  generally  re- 
quired to  give  the  legislature  information  concerning  the 
affairs  of  the  state  and  to  recommend  the  enactment  of  such 
laws  as  in  his  judgment  the  public  good  requires,  the  idea 
being  that  he  is  more  familiar  than  any  one  else  with  the 


LABORATORY  FOR  TESTING  FOODS 


ROAD  MAKING,  VIRGINIA 


vi 


THE  GOVERNOR'S  POWERS  97 

defects  of  the  existing  laws  and  with  the  legislative  needs 
of  the  state.  This  information,  with  the  accompanying 
recommendations,  is  communicated  to  the  legislature  in  a 
message  at  the  beginning  of  the  session,1  and  is  often  fol- 
lowed by  special  messages  from  time  to  time  recommend- 
ing consideration  of  particular  matters  that  may  arise  in 
the  course  of  the  session.  The  weight  which  the  recom- 
mendations of  the  governor  have  with  the  legislature  de- 
pends, of  course,  upon  his  influence  with  the  members  and 
his  standing  with  the  people.  If  he  belongs  to  the  same 
political  party  which  is  in  control  of  the  legislature,  and  the 
party  is  not  divided,  or  if  he  is  especially  aggressive  and  is 
backed  by  a  strong  public  opinion  throughout  the  state,  his 
recommendations  carry  more  weight  than  they  would  under 
opposite  conditions. 

The  Veto  Power. — Finally,  in  every  state  except  North 
Carolina  the  governor  has  the  power  to  veto  bills  passed  by 
the  legislature.  Owing  to  fear  of  executive  tyranny,  the 
veto  power  was  generally  withheld  from  governors  for  a 
considerable  time  after  the  Revolution;  in  fact,  in  only  two 
states  (Massachusetts  and  New  Hampshire)  was  this  power 
granted  to  the  governor  before  the  close  of  the  eighteenth 
century.  The  worst  fears  of  executive  tyranny,  however, 
proved  to  be  without  foundation,  and  the  advantage  of 
vesting  in  the  hands  of  the  governor  the  power  to  correct 
the  mistakes  of  the  legislature  by  refusing  to  approve  ob- 
jectionable laws  soon  came  to  be  generally  appreciated. 
Under  the  interpretation  of  the  veto  power  the  governor 
may  refuse  to  sign  a  bill  either  because,  in  his  judgment,  it 
is  inconsistent  with  the  constitution  which  he  has  sworn  to 

1The  constitution  of  Illinois  requires  the  governor  to  transmit 
a  message  to  the  legislature  also  at  the  end  of  his  term,  summing  up 
the  condition  of  affairs  of  the  state  at  the  time. 

Govt.  U.  S—  7 


98  THE  STATE  EXECUTIVE 

support,  or  because  he  thinks  it  unwise  or  inexpedient,  in 
either  case  his  judgment  being  conclusive.  But  manifestly, 
an  absolute  veto  is  too  great  a  power  to  intrust  to  a  single 
person,  however  wise  he  may  be.  The  constitutions  of  all 
the  states,  accordingly,  empower  the  legislature  to  override 
the  veto  of  the  governor  by  repassing  the  vetoed  bill,  in 
which  case  it  goes  into  effect  notwithstanding  the  executive 
objection.  To  do  this,  however,  a  majority  of  two  thirds  or 
three  fifths  of  the  members  of  the  legislature  is  usually 
necessary,  the  idea  being  that  the  judgment  of  so  large  a 
proportion  of  the  legislature  ought  to  be  allowed  to  prevail 
over  that  of  the  governor  in  case  of  a  difference  of  opinion. 
In  the  few  remaining  states  a  bare  majority  of  the  members 
of  the  legislature  may  override  the  executive  veto,  though 
not  infrequently  the  statement  of  objections  by  the  gover- 
nor in  his  veto  message  serves  to  convince  some  of  those 
who  voted  for  the  vetoed  bill  that  it  is  unwise,  and  thus  the 
veto  will  be  sustained.  When  a  bill  is  presented  to  the 
governor  for  his  signature  he  is  allowed  a  period  ranging 
from  three  to  ten  days  in  which  to  consider  it  before  taking 
action.  A  subject  of  criticism  in  some  states  is  the  practice 
of  the  legislature  of  delaying  final  action  on  many  bills 
until  the  last  days  of  the  session  and  then  sending  them  all 
at  once  to  the  governor  so  that  the  time  allowed  him  for 
considering  their  merits  is  necessarily  too  short. 

A  wise  provision  found  in  the  constitutions  of  about 
thirty  states  is  one  which  allows  the  governor  to  veto  par- 
ticular items  in  appropriation  bills.  Thus  if  the  legislature 
passes  a  bill  carrying  appropriations  for  a  variety  of  objects, 
some  worthy  and  others  objectionable,  the  governor  is  not 
under  the  necessity  of  approving  or  rejecting  the  bill  as  a 
whole,  but  may  approve  the  desirable  portions  and  veto  the 
others.  In  this  wav  wasteful  and  objectionable  appropria- 


THE   GOVERNOR'S  POWERS  99 

tions  of  the  public  funds  may  be  prevented  without  incon- 
venience. In  a  few  states  the  governor  may  also  veto 
particular  sections  of  other  bills. 

Executive  and  Administrative  Powers  of  the  Governor. — 
The  governor  is  generally  charged  by  the  constitution  with 
taking  care  that  the  laws  are  faithfully  executed,  though, 
as  already  stated,  the  executive  power  is  really  divided  be- 
tween him  and  a  number  of  colleagues. 

Power  over  State  Officers. — He  generally  has  a  certain 
power  of  oversight  over  the  other  principal  state  officers,  but 
little  power  of  control  over  them.  There  is  a  tendency, 
however,  to  enlarge  his  power  in  this  respect.1  Several 
constitutions,  for  example,  empower  him  to  require  reports 
from  the  principal  officers,  and  in  some  states  he  is  given 
the  right  to  examine  into  the  condition  of  the  treasurer's 
and  comptroller's  offices  and  under  certain  conditions  to  re- 
move the  incumbent  from  office.  In  a  very  few  states,  also, 
the  governor  may  remove  sheriffs  or  mayors  for  negligence 
or  abuse  of  power  in  the  enforcement  of  the  state  laws. 

Power  of  Appointment. — The  governor's  principal  execu- 
tive power  consists  of  the  right  to  appoint  certain  officers 
and  boards,  and  sometimes  to  remove  them,  subject  to  cer- 
tain restrictions.  In  the  early  days  of  our  history,  many 
of  the  state  officers  were  chosen  by  the  legislature,  but 
with  the  growth  of  the  democratic  spirit  the  selection  of 
these  officials  was  taken  from  the  legislature  and  they  were 
made  elective  by  the  people.  In  a  very  few  states  the  legis- 
lature still  retains  a  considerable  power  of  appointment.  In 

1  By  an  important  act  passed  in  Illinois  in  1917  a  large  number  of 
bureaus  and  commissions  were  consolidated  and  placed  under  the 
authority  of  departmental  heads  appointed  by  the  governor,  who  has 
a  large  power  of  control  over  them.  A  number  of  other  states  have 
since  done  likewise. 


100  THE  STATE  EXECUTIVE 

most  states,  however,  the  governor  appoints  all  officers  not 
elected  by  the  people.  In  a  few  states  he  appoints  the 
judges;  in  half  a  dozen  or  more  he  appoints  several  of  the 
principal  state  officers,  such  as  the  secretary  of  state  and  the 
attorney-general,  and  in  most  of  them  he  appoints  some  of 
the  important  administrative  officers  and  the  members  of 
various  boards  and  commissions.  In  New  York,  for  ex- 
ample, he  appoints  the  superintendent  of  insurance  and 
banking,  the  members  of  the  two  public  service  commis- 
sions, the  superintendent  of  public  works,  .the  commis- 
sioner of  agriculture,  the  commissioner  of  health,  and  other 
important  officials.  In  some  states  he  appoints  the  railroad 
commissioners,  the  trustees  of  public  institutions,  members 
of  the  state  board  of  health,  the  members  of  various  exam- 
ining boards,  pure  food  commissioners,  factory  inspectors, 
game  commissioners,  mining  inspectors,  and  so  on.  As  com- 
pared with  the  President  of  the  United  States,  his  power  of 
appointment,  however,  is  very  small.  Moreover,  his  power 
to  appoint  is  usually  limited  by  the  condition  that  his 
nominations  must  be  approved  by  the  senate  or  the  execu- 
tive council  where  there  is  such  a  body. 

Power  of  Removal. — The  governor  can  usually  remove 
the  officials  whom  he  appoints,  but  rarely  any  others.  But 
the  power  of  removal  must  exist  somewhere,  because  it 
would  be  intolerable  to  have  to  retain  in  the  public  service 
men  who  are  dishonest,  incapable,  or  otherwise  unfit.  The 
other  methods  of  removal  provided  are  impeachment,  re- 
moval by  resolution  of  the  legislature,  and  occasionally  re- 
moval by  the  courts.  Removal  by  impeachment  takes 
place  by  the  preferment  of  a  charge  by  the  lower  house  of 
the  legislature  and  trial  by  the  upper  house.  This  method, 
however,  is  cumbersome  and  is  rarely  resorted  to — never  in 
the  case  of  minor  officials.  Removal  by  resolution  of  the 


THE  GOVERNOR'S  POWERS  IOI 

legislature  is  sometimes  employed  for  getting  rid  of  unfit 
or  corrupt  judges.  In  several  states,  the  method  of  recall 
has  been  instituted,  by  which,  on  petition-  of  25  per  cent  of 
the  voters,  the  officer  must  submit  his  'case 'to  the  voters', 
and  if  a  majority  of  them  pronounce  in/favor  of  "hiii  recall, 
he  must  retire. 

The  Military  Powers  of  the  Governor. — In  every  state 
the  governor  is  commander  in  chief  of  the  military  forces 
of  the  state  and  also  of  the  naval  forces  where  there  are 
any — a  power  which  means  little  in  times  of  peace.  When- 
ever there  are  riots  or  serious  disturbances,  however,  this 
power  becomes  important.  When  the  disturbance  is  too 
great  to  be  suppressed  by  the  local  authorities,  the  gov- 
ernor may  order  out  a  portion  of  the  militia  and  may,  if 
he  elects,  take  charge  of  it  himself.  There  are  few  states 
where  the  governor  has  not  at  some  time  or  another  been 
compelled  to  make  use  of  this  power.  Mobs  sometimes 
break  into  jails  and  take  out  prisoners  and  lynch  them; 
and  sometimes  strike  riots  occur  in  mining  or  manufac- 
turing communities,  in  which  cases  the  governor  may  be 
called  upon  to  send  troops  to  the  scene  of  the  disturb- 
ance and  keep  them  there  until  quiet  and  order  have  been 
restored. 

Power  to  Suspend  the  Writ  of  Habeas  Corpus. — A  usual 
part  of  the  governor's  military  power  is  the  right  to  sus- 
pend the  writ  of  habeas  corpus  in  communities  where  great 
disorders  prevail,  that  is,  to  suspend  the  power  of  the 
courts  to  release  prisoners  charged  with  violations  of  the 
law,  thus  leaving  unhampered  the  power  of  the  military 
authorities  to  restrain  persons  they  may  imprison.  This 
power,  however,  is  one  which  might  be  grossly  abused; 
therefore  many  state  constitutions  forbid  the  suspension 
of  the  writ  except  under  extraordinary  conditions,  and 


102  THE  STATE  EXECUTIVE 

a  few,  indeed,  permit  it  to  be   suspended  only  by  the 
legislature. 

',:  ;T*he  Military ]\  farces  of  the  State  consist  usually  of  a 
number 'of  regimetits.of  citizen  soldiers,  who  are  organized, 
'.litfrf  eiide^s  ;4^r  ^fficeyed  after  the  manner  of  the  regular 
army  of  the  United  States,  who  attend  an  annual  encamp- 
ment for  purposes  of  drill  and  practice,  and  who  must 
always  be  ready  to  respond  to  the  call  of  the  governor.  At 
the  head  of  the  state  militia  is  an  officer  called  the  adjutant 
general,  through  whom  the  military  orders  of  the  govern- 
ment are  issued  and  carried  out.  The  governor  also  has  a 
military  staff  which  accompanies  him  on  occasions  of  cere- 
mony such  as  the  inauguration  of  the  President  of  the  United 
States,  grand  army  reviews,  and  the  like. 

The  Pardoning  Power. — In  every  state  the  governor  is 
vested  with  the  power  of  pardoning  offenders  against  the 
laws  of  the  state,  but  in  most  states  the  exercise  of  the 
power  is  subject  to  restrictions.  The  purpose  of  vesting 
this  power  in  the  governor  is  to  make  it  possible  to  correct 
the  errors  of  courts  and  juries,  as  where  subsequent  to  the 
conviction  evidence  is  brought  to  light  showing  that  the 
person  convicted  is  innocent,  and  has  been  wrongfully  con- 
victed, or  where  it  becomes  evident  before  the  full  penalty 
has  been  paid  that  the  offender  has  been  sufficiently  pun- 
ished and  should  be  released. 

In  many  states  boards  of  pardon  have  been  provided  for 
sharing  with  the  governor  the  responsibility  for  the  exercise 
of  this  important  prerogative.1  These  boards  are  of  two 
kinds:  first,  those  whose  powers  are  limited  to  the  hear- 
ing of  applications  for  pardons  and  the  making  of  recom- 

1  In  several  states  certain  of  the  state  officers,  one  of  whom  is  the 
attorney-general,  serve  as  the  pardon  board;  in  others,  it  is  the  senate; 
and  in  Massachusetts  and  Maine  it  is  the  executive  council. 


THE  GOVERNOR'S  POWERS  103 

mendations  to  the  governor,  who  is  not  bound  by  their 
advice;  and  second,  those  whose  approval  is  necessary  for 
the  validity  of  any  pardon  granted  by  him.  Convictions  for 
treason  and  in  impeachment  cases  are  frequently  excepted 
from  the  list  of  cases  in  which  the  governor  may  grant 
pardons,  though  in  the  case  of  treason  he  is  sometimes 
given  the  power  to  suspend  the  execution  of  the  sentence 
to  await  the  action  of  the  legislature.  In  a  number  of 
states  notice  of  an  application  for  a  pardon  must  be  pub- 
lished in  the  community  where  the  applicant  was  convicted, 
in  order  that  the  people  of  the  community  who  have  been 
injured  by  his  crime  may  have  an  opportunity  to  protest 
against  the  granting  of  a  pardon  to  him.  Sometimes  also 
the  approval  of  the  presiding  judge  of  the  court  in  which  the 
criminal  was  convicted  is  necessary  before  a  pardon  may  be 
granted.  It  is  usual  to  require  the  governor  to  make  a 
report  to  the  legislature  at  each  session  of  all  pardons 
granted,  and  at  the  same  time  give  the  reason  in  each  case 
why  a  pardon  was  issued. 

Generally  with  the  right  of  pardon  is  included  the  power 
to  grant  reprieves,  that  is,  stays  qf  execution;  commuta- 
tions, that  is,  the  substitution  of-  a  lesser  punishment  in  the 
place  of  the  one  imposed;  and  remission  of  fines  and  for- 
feitures. The  right  also  usually  includes  the  power  of 
amnesty  or  the  power  of  granting  by  proclamation  par- 
dons to  large  numbers  of  persons,  as  in  the  case  of  uprisings 
or  insurrections  against  the  laws  and  authority  of  the  state. 
A  pardon  may  be  absolute  or  conditional;  in  the  first  case, 
it  is  granted  without  restriction;  in  the  second  case,  it  is 
valid  only  on  certain  conditions,  as  where  the  offender  is 
required  to  lead  an  upright  life  or  where  he  is  required  to 
leave  the  state.  Generally  the  governor  of  the  state,  un- 
like the  President  of  the  United  States,  has  no  power  to 


IO4  THE  STATE  EXECUTIVE 

grant  a  pardon  to  an  individual  offender  before  he  has  been 
convicted. 

State  Boards  and  Commissions. — One  of  the  remark- 
able political  tendencies  of  recent  years  has  been  the  multi- 
plication of  boards  and  commissions  to  aid  in  the  govern- 
ment of  the  states.  Every  state  now  has  a  number  of  such 
boards,  and  in  some  of  the  populous  commonwealths  such  as 
New  York  and  Massachusetts  there  are  upwards  of  a  hun- 
dred of  them.  Hardly  a  legislative  session  passes  that  does 
not  create  one  or  two  commissions  for  some  purpose  of 
other.  These  boards  or  commissions  fall  roughly  into  five 
classes,  as  follows: 

First,  many  of  these  boards  are  of  an  industrial  character, 
such  as  boards  of  agriculture,  food  and  dairy  commissions, 
live  stock,  fish,  and  mining  commissions,  and  the  like.  In 
general  their  purpose  is  to  promote  the  agricultural,  mining, 
and  industrial  interests,  generally,  of  the  state,  through  the 
collection  and  dissemination  of  information  concerning  the 
best  method  of  conducting  those  industries. 

A  second  class  of  boards  are  of  a  more  distinctly  scientific 
and  research  character,  .such  as  boards  of  health,  bureaus  of 
labor  and  statistics,  geological  commissions,  forestry  boards, 
and  the  like.  Although  some  of  these,  like  the  board  of 
health,  are  charged  with  the  execution  of  certain  laws,  the 
general  purpose  of  all  of  them  is  scientific  research  and  the 
collection  of  data. 

A  third  class  of  boards  are  those  charged  primarily  with 
the  supervision  of  certain  businesses  or  industries  affecting 
the  public  interest,  and  with  the  enforcement  of  the  laws 
relating  to  such  businesses.  Such  are  the  railroad  commis- 
sions, commissions  of  insurance,  public  utility  commissions, 
commissions  of  inland  fisheries,  and  the  like.  In  some  in- 
stances these  commissions  not  only  have  power  to  pre- 


STATE  BOARDS  AND   COMMISSIONS  105 

scribe  rules  for  businesses  affected  with  a  public  interest, 
but  also  to  fix  the  rates  which  they  may  charge. 

A  fourth  group  of  commissions  or  boards  are  those 
charged  with  examining  applicants  for  admission  to  practice 
certain  professions  or  trades  such  as  medicine,  dentistry, 
pharmacy,  architecture,  and  plumbing.  The  purpose  of 
requiring  such  examinations  is  to  secure  a  standard  of  effi- 
ciency, and  to  protect  society  against  quacks. 

A  fifth  class  includes  those  which  have  supervision  over 
the  public  institutions  of  the  state,  educational,  penal,  re- 
formatory, charitable,  etc.  In  recent  years  there  has  been 
a  marked  tendency  to  consolidate,  boards  of  this  class,  by 
putting  all  the  charitable  and  penal  institutions  under  the 
control  of  a  single  board,  or  under  two  boards,  one  for  chari- 
table and  the  other  for  penal  institutions.  In  a  few  states 
all  the  higher  educational  institutions  are  under  one  board. 

Members  of  all  these  classes  of  boards  are  usually  ap- 
pointed by  the  governor,  though  occasionally  a  board  is 
made  up  of  members  chosen  by  popular  election. 

State  Administrative  Reorganization.  —  In  1917  a  more 
systematic  organization  of  state  administration  was  estab- 
lished in  Illinois.  Nine  main  departments  were  established, 
each  under  a  director,  in  place  of  a  large  number  of  former 
offices,  boards,  and  commissions.  Similar  reorganizations 
have  since  taken  place  in  a  number  of  other  states. 

The  State  Civil  Service  System. — The  number  of  persons 
necessary  to  carry  on  the  state  government  in  its  various 
branches  is  very  large.  In  order  to  provide  a  method  by 
which  subordinate  employees  can  be  selected  with  regard  to 
their  fitness  rather  than  with  reference  to  their  party  serv- 
ices, New  York,  Massachusetts,  Illinois,  Wisconsin,  and 
other  states  have  enacted  civil  service  laws  establishing  the 
merit  system  of  appointment. 


106  THE  STATE  EXECUTIVE 

The  recent  civil  service  laws  provide,  in  general,  for  the 
classification  of  all  positions  other  than  those  filled  by 
popular  election,  by  executive  appointment,  or  by  legis- 
lative choice,  and  for  appointment  to  these  positions  only 
after  an  examination  of  the  candidates.  Generally,  those 
who  pass  the  examination  successfully  are  placed  on  an 
eligible  list  in  the  order  of  the  grades  which  they  receive, 
and  when  an  office  is  to  be  filled,  the  appointing  officer  is 
required  to  make  his  choice  from  the  three  candidates 
highest  on  the  list.  For  the  filling  of  certain  positions  re- 
quiring technical  skill,  special  non-competitive  examinations 
are  given  and  less  consideration  is  given  to  academic  quali- 
fications. Certain  positions  are  not  placed  under  the  civil 
service  rules,  and  the  appointing  authority  is  allowed  to 
make  his  choice  without  the  necessity  of  examinations. 
Such  are  the  positions  of  private  secretary,  chief  clerk,  and 
other  employees  who  occupy  a  confidential  relation  to  the 
heads  of  departments. 

The  chief  advantage  of  the  examination  system  of  filling 
civil  service  positions  is  that  it  eliminates  the  evils  of  the 
spoils  system  and  places  the  public  service  on  a  merit  basis. 
It  must  be  admitted,  however,  that  the  system  is  not  per- 
fect, because  fitness  for  the  performance  of  administrative 
duties  cannot  always  be  determined  by  examinations. 
Nevertheless,  it  is  much  better  than  the  old  method  known 
as  the  "spoils  system,"  under  which  appointments  were 
made  for  party  services;  and  it  will  in  time,  no  doubt,  be 
adopted  in  all  the  states. 


References. — BEARD,  American  Government  and  Politics,  ch.  xxiv. 
BRADFORD,  Lessons  of  Popular  Government,  vol.  ii,  ch.  32.  BRYCE, 
The  American  Commonwealth  (abridged  edition),  ch.  xl.  DEALEY, 
Our  State  Constitutions,  ch.  v.  FINLEY  and  SANDERSON,  The  AmerU 


THE  STATE  CIVIL  SERVICE  SYSTEM  107 

can  Executive  and  Executive  Methods,  chs.  iii,  vi,  vii,  viii,  ix.    HART, 
Actual  Government,  ch.  viii. 

Documentary  and  Illustrative  Material.— i.  The  legislative  man- 
ual of  the  state.  2.  Copies  of  the  governor's  inaugural  address, 
messages  to  the  legislature,  veto  messages,  public  proclamations, 
etc.  3.  Copy  of  the  revised  statutes  (chapter  on  the  executive  de- 
partment). 4.  Reports  of  the  state  officers  to  the  governor. 

RESEARCH  QUESTIONS 

1.  What  is  the  term  of  the  governor  of  your  state?    the  salary? 
Do  you  think  the  salary  is  adequate?     What  are  the  governor's 
qualifications?    Compare  the  provisions  of  the  present  constitution 
with  those  of  previous  constitutions  in  regard  to  these  matters.     Is 
the  governor  eligible  to  succeed  himself?     Is  it  customary  to  reelect 
the  governor  in  your  state?    What,  in  your  opinion,  are  the  relative 
merits  of  a  one-year  term  and  a  four-year  term  for  the  governor? 

2.  Suppose  a  question  should  arise  as  to  who  was  really  elected 
governor,  what  authority  would  determine  the  matter?    Are  there 
any  circumstances  under  which  the  legislature  may  elect  the  gov- 
ernor?   Is  the  governor  of  your  state  required  to  vacate  his  office 
immediately  at  the  expiration  of  his  term,  or  is  he  allowed  to  hold 
over  until  his  successor  has  qualified? 

3.  Make  a  list  of  the  names  of  the  men  who  have  held  the  office  of 
governor  of  your  state,  indicating  the  years  they  served  and  the  polit- 
ical parties  to  which  they  belonged.     (This  information  can  be  ob- 
tained from  the  blue  book  or  legislative  manual  or  from  some  history 
of  the  state.) 

4.  Does  the  constitution  of  your  stale  provide  for  a  lieutenant 
governor?    In  general,  what  has  been  the  type  of  men  elected  to 
this  office? 

5.  Make  a  list  (from  the  blue  book)  of  the  offices  in  your  state  that 
are  filled  by  appointment  by  the  governor.    Do  you  think  the  ap- 
pointive power  of  the  governor  ought  to  be  enlarged?    Mention  some 
offices  now  filled  by  popular  election  which,  in  your  opinion,  should 
be  filled  by  executive  appointment. 

6.  May  the  governor  of  your  state  remove  officers  appointed  by 
him?    If  so,  under  what  conditions?    May  he  remove  any  officers 
elected  by  the  people?    If  he  finds  that  the  treasurer  of  the  state  has 


108  THE  STATE  EXECUTIVE 

misappropriated  a  large  amount  of  state  money,  can  he  remove 
him?  May  the  governor  of  the  state  remove  any  local  officers?  Thus 
if  the  sheriff  should  allow  a  prisoner  in  his  custody  to  be  lynched  by  a 
mob  or  the  mayor  of  a  city  should  refuse  to  execute  a  state  prohibition 
law,  may  the  governor  suspend  or  remove  such  officers  for  neglect  of 
duty?  If  not,  are  there  any  means  of  punishing  the  negligent  officer? 

7.  What  were  the  principal  recommendations  in  the  message  of  the 
governor  to  the  legislature  at  its  last  session? 

8.  May  the  governor  of  your  state  veto  particular  items  in  appro- 
priation bills?    May  he  sign  a  bill  after  the  adjournment  of  the  legis- 
lature?   May  he  veto  a  bill  upon  grounds  of  public  policy  as  well  as 
upon  grounds  of  unconstitutionality?    How  many  bills  were  vetoed 
by  the  governor  at  the  last  session? 

9.  Is  there  a  civil  service  law  in  your  state?    If  so,  to  what  offices 
and  employments  does  it  apply?    How  are  appointments  made  under 
the  law? 

10.  For  what  purposes  and  under  what  circumstances  may  the 
governor  use  the  military  forces  in  your  state?    Have  there  been  any 
instances  recently  in  which  the  militia  was  ordered  out?    What  is 
meant  by  the  governor's  "staff  "?    Find  out  from  the  blue  book  how 
many  regiments  of  the  national  guard  there  are  in  your  state. 

11.  Are  there  any  restrictions  on  the  power  of  the  governor  to 
grant  pardons?    May  he  also  grant  reprieves  and  commutations? 
May  he  remit  fines  and  forfeitures?    May  he  grant  amnesties?    Is 
there  a  pardon  board  in  your  state?    If  so,  how  is  it  constituted  and 
what  are  its  powers?    How  many  pardons  have  been  granted  by  the 
present  governor? 

12.  May  the  courts  control  the  governor  by  issuing  writs  to  com- 
pel him  to  do  his  duty  or  to  restrain  him  from  doing  certain  things? 
May  he  be  arrested  for  wrongdoing?    May  he  be  compelled  to  give 
testimony  in  the  courts?    If  not,  why  not?   Is  there  any  way  by  which 
an  unworthy  governor  may  be  put  out  of  office  before  the  expiration 
of  his  term?    Describe  the  procedure  by  which  this  is  done. 


CHAPTER  VI 

THE  STATE  JUDICIARY 

Function  of  the  Courts.— The  legislature  enacts  the  laws, 
the  executive  officers  enforce  them,  the  courts  interpret 
their  meaning  and  apply  them  to  particular  cases.  The 
courts  are  also  the  instrumentalities  through  which  the 
rights  guaranteed  us  by  the  constitution  and  the  laws  are 
enforced.  If  your  neighbor  owes  you  a  debt  and  refuses  to 
pay,  if  you  make  a  contract  with  some  one  and  he  refuses  to 
perform  the  stipulations,  if  some  one  injures  you  in  your 
person  or  property,  in  these  and  countless  other  instances 
you  must  look  to  the  courts  for  protection  or  redress.  They 
are  the  agencies  for  settling  disputes  among  men,  for  en- 
forcing contracts,  for  trying  and  punishing  violations  of  the 
law,  and  for  determining  what  our  rights  are  when  they  are 
drawn  in  dispute. 

Grades  of  Courts. — (i)  Justice  of  the  Peace. — At  the  bot- 
tom of  the  judicial  system  stand  the  courts  of  the  justices 
of  the  peace,  which  have  jurisdiction  of  civil  cases  involving 
small  amounts,  usually  less  than  $150,  and  of  petty  offenses 
against  the  laws.  On  a  level  with  these  courts  are  certain 
municipal  courts  in  the  cities.  The  justice  of  the  peace  is 
a  magistrate  of  ancient  origin,  and  in  reality  his  court  is 
important  since  it  is  to  this  court  that  large  numbers  of 
persons  resort  for  the  settlement  of  their  disputes.  Too  little 
attention  is  given  to  the  choice  of  the  men  who  fill  this  im- 

109 


HO  THE  STATE  JUDICIARY 

portant  office,  and  the  result  is  that  the  court  of  the  justice 
of  the  peace  has  long  been  and  still  is  the  weakest  part  of 
our  judicial  system.  Generally  there  are  several  justices 
in  every  town  or  township.  Usually  they  are  elected  by 
the  people,  though  sometimes  they  are  appointed.  One  of 
the  sources  of  the  evils  connected  with  the  system  is  that 
they  are  paid  fees  rather  than  salaries.  This  system  of 
compensation  often  leads  them  to  solicit  business  and  some- 
times to  divide  their  fees  with  lawyers  who  bring  cases  to 
them  for  trial.  They  not  only  try  petty  civil  and  criminal 
cases,  but  they  have  the  power  to  conduct  preliminary  ex- 
aminations into  more  serious  offenses  in  order  to  determine 
whether  there  is  ground  for  holding  the  accused  for  trial.  In 
case  the  justice  thinks  the  evidence  warrants  the  trial  of 
the  offender,  he  "binds"  him  over  to  await  the  action  of  the 
grand  jury. 

(2)  County  Courts. — Next  above  the  court  of  the  justice  of 
the  peace  is,  in  some  states,  the  county  court,  so  called 
because   its   territorial   jurisdiction   embraces    the   entire 
county.    This  court  has  jurisdiction  of  civil  cases  involving 
large  amounts  and  of  more  serious  criminal  cases.    It  also 
has  the  right  to  hear  appeals  from  the  justices  of  the  peace. 

(3)  Circuit  Courts. — Still  higher  in  the  judicial  organiza- 
tion, in  most  states,  are  the  courts  whose  territorial  jurisdic- 
tion embraces  a  larger  area  of  the  state — usually  a  group 
of  counties — and  which  are  empowered  to  try  any  civil  or 
criminal  case  without  reference  to  the  amount  in  contro- 
versy or  the  character  of  the  offense.    They  are  generally 
styled  circuit  courts,  because  the  judge  usually  travels  from 
county  to  county  holding  court  in  each  county  in  the  dis- 
trict or  circuit.    Sometimes,  however,  they  are  called  dis- 
trict or  superior  courts,  and  in  a  few  states  "supreme" 
courts. 


GRADES  OF  COURTS  III 

(4)  The  Supreme  Court. — Finally,  at  the  top  of  the  judicial 
hierarchy  is  the  supreme  court,  or  court  of  appeals,  as  it  is 
sometimes  called.  Unlike  the  other  courts  below,  its  juris- 
diction embraces  the  whole  state,  and  the  judges  are  elected 
or  appointed  usually  from  the  state  at  large.  Unlike  the 
other  courts,  moreover,  instead  of  being  held  by  a  single 
judge,  it  is  held  by  a  bench  of  judges,  the  number  ranging 
from  three  to  nine  in  the  different  states.  It  has  original 
jurisdiction  in  certain  cases,  but  its  most  important  func- 
tion is  that  of  hearing  appeals  from  the  decisions  of  the 
lower  courts,  and  of  deciding  upon  the  constitutionality  of 
the  laws.  In  cases  appealed  to  it  from  the  lower  courts,  it 
has  the  final  word  of  authority  except  where  a  federal  ques- 
tion is  involved,  in  which  case  an  appeal  may  be  taken  to 
the  United  States  Supreme  Court. 

Courts  of  a  Special  Character.— The  justice's,  circuit,  and 
supreme  courts  are  found  in  all  the  states,  though  some- 
times designated  by  different  names.  In  addition  to  these, 
however,  we  sometimes  find  other  courts  of  a  more  or  less 
special  character. 

Probate  Courts. — Thus  in  many  states  there  are  separate 
probate  courts  for  the  settlement  of  the  estates  of  deceased 
persons,  for  dealing  with  matters  relating  to  wills  and  in- 
heritances, and  sometimes  with  matters  affecting  orphans 
and  minors.  They  are  occasionally  called  surrogate's  or 
orphans'  courts.  In  many  states,  however,  there  are  no 
separate  probate  courts,  the  probate  business  being  taken 
care  of  by  the  county  court.  In  certain  other  states  pro- 
bate courts  are  separately  provided  only  for  the  more  pop- 
ulous counties. 

Juvenile  Courts.— Frequently  in  the  more  populous  cities 
there  are  also  juvenile  courts  for  the  trial  of  youthful  of- 
fenders. 


112        .  THE  STATE  JUDICIARY 

Equity  Courts. — In  a  few  states  the  distinction  between 
law  and  equity  is  still  maintained,  and  equity  jurisdiction  is 
intrusted  to  a  distinct  class  of  courts.  Equity  had  its  origin 
in  the  practice  of  the  King  of  England  in  early  times  in 
granting  relief  to  suitors  who,  owing  to  the  deficiencies  of 
the  common  law,  could  not  obtain  relief  through  the  courts 
of  law.  In  time  all  such  petitions  came  to  be  addressed  to 
an  officer  who  stood  very  close  to  the  king  and  who  was 
called  the  chancellor.  Out  of  this  office  there  were  ulti- 
mately evolved  the  chancery  courts  which  administered 
justice,  not  according  to  the  law,  but  according  to  a  less 
technical  body  of  rules  called  equity.  Thus  there  came  to 
be  two  bodies  of  rules  according  to  which  justice  was  ad- 
ministered, and  two  classes  of  courts  through  which  it  was 
done.  The  jurisdiction  of  equity  courts  included  such  mat- 
ters as  trusts,  accounts,  fraud,  mistake  or  accident,  and  the 
like.  Equity  could  also  prevent  wrongs,  while  law  could 
only  punish  them.1  Thus  a  court  of  equity  could  command 
a  person  to  do  something  for  the  benefit  of  an  injured  person, 
or  restrain  him  from  committing  an  injury,  while  a  court  of 
law  could  only  award  him  damages  after  the  injury  had 
been  done — a  remedy  often  worthless  or  inadequate.  The 
English  system  of  equity,  like  the  common  law,  was  trans- 
planted to  America,  and  both  are  still  in  force  here  except 
in  so  far  as  they  have  been  modified  by  legislative  acts. 
England,  however,  abolished  the  separate  system  of  equity 
courts  in  1873,  and  left  the  law  courts  to  administer  equity 
wherever  it  was  applicable.  Likewise,  in  the  United  States, 
separate  equity  courts  have  been  done  away  with  in  all  ex- 
cept five  states,  leaving  the  same  courts  to  administer  both 
law  and  equity. 

The  Judges  of  Courts. — Qualifications. — Generally  no 
1  Baldwin,  The  American  Judiciary,  p.  133. 


THE  JUDGES  OF  COURTS  113 

qualifications  for  the  judicial  office  are  prescribed  by  law, 
except  in  a  few  states  where  it  is  required  that  judges  shall 
be  lawyers  or  be  " learned  in  the  law."  As  a  matter  of  fact, 
however,  judges  are  nearly  always  lawyers,  except  in  the 
case  of  justices  of  the  peace  and  police  magistrates,  where 
extensive  knowledge  of  the  law  is  not  essential. 

Terms  of  Office. — The  terms  of  the  judges  vary  widely 
among  the  different  states.  In  the  early  days  of  our  history, 
the  judges  generally  held  their  offices  during  good  behavior 
or  until  the  attainment  of  a  certain  age,  usually  sixty  or 
seventy  years.  With  the  growth  of  democracy,  however, 
most  of  the  states  came  to  adopt  short  terms  for  judicial 
as  well  as  for  other  public  officials.  Only  in  Massachusetts 
and  Rhode  Island  do  the  judges  of  the  highest  court  now 
serve  practically  for  life.  In  New  Hampshire  they  serve 
until  they  are  70  years  of  age.  Elsewhere  the  tenure 
varies  from  two  years,  in  Vermont,  to  twenty-one  years,  in 
Pennsylvania.  In  Maryland,  the  tenure  is  fifteen  years ;  in 
New  York,  fourteen ;  in  several,  it  is  twelve,  in  some  nine, 
in  many  six.  The  advantage  of  a  long  term  is  that  it  en- 
ables the  judges  to  acquire  experience  and  renders  them  less 
affected  by  political  influence  and  popular  clamor. 

Methods  of  Choosing  the  Judges. — In  early  times  the 
judges  were  chosen  either  by  the  legislature  or  by  the  gov- 
ernor. Choice  by  the  legislature  was  objectionable  because 
it  often  resulted  in  selection  by  political  caucuses  and  in 
a  parceling  of  the  judgeships  among  the  different  coun- 
ties or  sections  of  the  state.  Appointment  by  the  governor 
was  objectionable  to  many  because  it  often  resulted  in  the 
choice  of  political  favorites.  Most  of  the  states,  therefore, 
abandoned  these  methods  of  choice  for  popular  election, 
Mississippi  in  1832  being  the  first  state  to  adopt  this  method. 
Only  in  Delaware,  Connecticut,  New  Jersey,  Massa- 
Govt.  U.  S.— 8 


114  THE  STATE  JUDICIARY 

chusetts,  New  Hampshire,  and  Maine,  are  the  higher  judges 
now  appointed  by  the  governor,  —  subject  to  the  confirma- 
tion of  the  state  senate  or  the  legislature,  —  and  only  in 
Rhode  Island,  Vermont,  South  Carolina,  and  Virginia  are 
they  elected  by  the  legislature.  In  all  the  other  states  they 
are  elected  by  the  people. 

The  arguments  in  favor  of  popular  election  are  that  it  is 
more  in  harmony  with  the  principles  of  popular  government, 
and,  it  is  claimed  by  some,  tends  to  secure  a  higher  class  of 
judges,  thus  doing  away  with  the  evils  of  executive  appoint- 
ment and  of  legislative  choice  described  above.  The  ob- 
jection to  this  method,  however,  is  that  it  compels  judicial 
candidates  to  engage  in  political  contests,  and  by  making 
their  tenures  dependent  upon  popular  favor  subjects  them 
to  the  temptation  of  shaping  their  decisions  to  meet  the  ap- 
proval of  the  people,  who,  obviously,  are  not  always  quali- 
fied to  judge  of  the  soundness  of  judicial  decisions  involving 
intricate  questions  of  law.  Such  a  method,  it  is  claimed  by 
some,  tends  to  secure  the  election  of  able  politicians  rather 
than  of  able  judges. 

Compensation  of  the  Judges. — The  pay  of  the  judges,  like 
their  terms  of  service,  varies  widely  among  the  different 
states.  The  salary  paid  the  judges  of  the  highest  court 
is  not  much  more  or  less  than  the  governor's  salary.  The 
highest  salary  paid  in  any  state  to  the  judges  of  the  high- 
est court  is  $13,700  per  year,  in  the  state  of  New  York,1 
a  salary  about  as  large  as  that  of  the  justices  of  the  United 
States  Supreme  Court.  In  Illinois  and  a  few  other  states, 
the  justices  of  the  supreme  court  receive  $10,000  a  year. 
Many  states  pay  less  than  $5,000  a  year.  This  scale  of 
salaries  is  very  low  as  compared  with  those  in  England, 
where  the  highest  judges  receive  $25,000,  and  the 

1  Trial  court  judges  in  certain  districts  receive  $17,500  a  year. 


THE  JUDGES  OF  COURTS  115 

lowest,  the  county  judges,  $7,500  a  year.  A  few  states  have 
provided  a  system  of  pensions  for  their  higher  judges  who 
have  served  a  certain  number  of  years  or  who  have  reached 
a  certain  age,  after  which  they  are  allowed  or  compelled  to 
retire,  but  this  provision  has  not  yet  become  general. 

Trial  of  Civil  Cases. — The  cases  brought  before  the  courts 
for  trial  are  of  two  general  classes:  (i)  civil  actions  and 
(2)  criminal  actions.  A  civil  action  is  a  suit  brought  for 
the  enforcement  of  a  private  right  or  to  secure  compensa- 
tion for  damages  on  account  of  injuries  sustained  through 
the  violation  of  one's  rights.  Thus  a  creditor  sues  a  debtor 
for  refusing  to  pay  a  debt;  an  owner  sues  to  recover  property 
which  has  been  wrongfully  taken  from  him;  a  householder 
brings  an  action  against  his  neighbor  for  trespassing  upon 
his  premises;  and  so  on.  The  person  who  brings  the  action 
is  called  the  plaintiff;  the  one  against  whom  it  is  brought, 
the  defendant;  and  the  two  together  are  known  as  the  par- 
ties to  the  action. 

Beginning  of  a  Civil  Case. — A  civil  suit  is  usually  started 
by  the  riling  of  a  complaint  containing  a  statement  of  the 
facts,  with  the  court,  which  then  issues  a  summons  direct- 
ing the  sheriff  or  constable  to  notify  the  defendant  to  ap- 
pear and  make  answer.  If  the  plaintiff  is  a  creditor  and  has 
reason  to  believe  that  the  defendant  is  preparing  to  dispose 
of  his  property  with  the  intention  of  defrauding  him,  he 
may  ask  the  court  to  issue  a  writ  of  attachment  authorizing 
the  sheriff  to  take  possession  of  the  property.  Or  if  the 
defendant  is  in  wrongful  possession  of  property  belong- 
ing to  the  plaintiff  the  latter  may  ask  the  court  to  issue  a 
writ  of  replevin  requiring  the  officers  to  seize  the  property 
and  turn  it  over  to  the  plaintiff.  In  both  cases,  however, 
the  plaintiff  is  required  to  give  a  bond  for  the  costs  of  the 
suit  and  for  the  return  of  the  property  in  case  the  court 


Il6  THE  STATE  JUDICIARY 

should  decide  that  it  does  not  properly  belong  to  him.  The 
defendant  now  makes  an  answer  or  plea  in  which  he  denies 
the  charges  of  the  plaintiff  as  a  whole  or  in  part,  or  admits 
their  truth  but  denies  the  right  of  action,  or  maintains  that 
the  court  has  no  jurisdiction,  or  pleads  something  else  in 
bar  of  the  action.  The  complaint  of  the  plaintiff  and  the 
answer  of  the  defendant  are  known  as  the  pleadings. 

The  Trial. — The  issue  is  now  joined  and  the  case  is  ready 
for  trial.  If  it  is  a  suit  in  equity,  it  is  tried  by  the  judge 
alone  without  a  jury.  If  it  is  a  suit  at  law,  either  party  may 
demand  a  jury,  but  if  both  parties  agree  to  waive  a  jury 
trial,  the  case  is  tried  by  the  judge  alone.  Frequently  civil 
cases  are  tried  without  juries,  the  parties  preferring  to  leave 
the  decision  to  the  judge.  If,  however,  a  jury  trial  is  pre- 
ferred, a  list  of  qualified  persons  is  prepared  and  from  this 
list  twelve  persons,  or  six,  as  the  parties  may  agree  upon,  are 
selected  to  try  the  case.  After  the  jury  is  sworn  the  attor- 
ney for  the  plaintiff  generally  makes  a  statement  of  the  facts 
upon  which  he  rests  his  case.  He  then  calls  his  witnesses, 
who  testify  to  their  knowledge  of  the  facts  as  they  are  ques- 
tioned by  counsel.  When  the  attorney  for  the  plaintiff  has 
completed  the  examination  of  each  witness,  the  attorney 
for  the  defendant  is  allowed  to  cross-examine  him.  Wit- 
nesses are  required  to  confine  their  testimony  to  what  they 
know  to  be  the  trnth,  and  are  not  permitted  to  tell  what  they 
believe  to  be  true  or  what  they  have  learned  from  mere 
hearsay. 

After  the  plaintiff  has  introduced  all  his  evidence,  the  de- 
fendant's case  is  presented  in  a  like  manner,  the  counsel  for 
the  plaintiff  this  time  conducting  the  cross-examination. 
When  the  evidence  for  the  defendant  is  all  in,  the  plaintiff 
may  introduce  evidence  in  rebuttal,  after  which  the  defend- 
ant may  do  likewise,  The  next  step  is  the  argument  of 


TRIAL  OF  CIVIL  CASES  117 

counsel.  The  attorney  for  each  side  addresses  the  jury  and 
endeavors  to  convince  it  that  the  evidence  sustains  the 
facts  which  he  has  undertaken  to  prove.  The  burden  of 
proof  in  civil  cases  is  usually  on  the  plaintiff,  and  his  attor- 
ney generally  has  the  privilege  of  closing  the  argument.  If 
the  plaintiff  has  failed  to  make  out  a  case  the  judge  may 
dismiss  the  suit  without  giving  the  case  to  the  jury,  or  if  the 
evidence  is  such  as  to  admit  of  but  one  conclusion,  the  judge 
may  direct  the  jury  to  return  a  verdict  in  accordance  there- 
with. But  if  the  evidence  leaves  the  question  as  to  the  facts 
in  doubt,  the  case  is  given  to  the  jury  and  it  alone  can  make 
the  decision.  Before  sending  the  jury  to  their  room  the 
judge  instructs  them  as  to  the  law  applicable  to  the  case, 
but  generally  in  this  country  he  cannot  comment  on  the 
weight  of  the  evidence  or  express  any  opinion  as  to  the  facts. 
The  jury,  after  receiving  its  instructions,  retires  from  the 
court  room  and  deliberates  in  secret.  If,  after  a  reasonable 
time,  the  jurymen  cannot  agree  upon  a  verdict  they  so  re- 
port to  the  judge  and  are  discharged,  and  the  trial  must  be 
gone  through  with  again. 

Judgment;  Execution. — After  the  return  of  the  verdict, 
the  judge  enters  judgment  in  accordance  therewith.  In 
most  civil  cases  the  judgment,  if  for  the  plaintiff,  requires 
the  defendant  to  pay  him  a  certain  sum  of  money  as  a  com- 
pensation for  the  damages  he  has  sustained.  If  he  refuses 
to  pay,  an  "execution"  is  issued,  that  is,  the  sheriff  is  re- 
quired to  seize  and  sell  a  sufficient  amount  of  the  defendant's 
property  to  satisfy  the  judgment.  If  the  suit  is  one  in  equity 
the  "decree,"  as  the  decision  is  called,  is  not  usually  for  the 
payment  of  damages  but  is  a  command  to  the  defendant  to 
do  a  specific  thing,  as,  for  example,  to  carry  out  a  contract 
or  to  pay  a  debt;  or  to  refrain  from  doing  something,  such 
as  maintaining  a  nuisance  to  the  injury  of  the  defendant. 


Ii8  THE  STATE  JUDICIARY 

Appeal. — After  the  verdict  has  been  rendered,  the  losing 
party  may  generally  take  an  appeal  to  a  higher  court  on  the 
ground  that  errors  were  committed  by  the  judge  in  the 
course  of  the  trial,  as,  for  example,  the  admission  of  im- 
proper evidence  or  the  exclusion  of  proper  evidence;  or  be- 
cause the  verdict  was  contrary  to  the  law  and  the  evidence. 
The  higher  court  either  affirms  the  judgment  of  the  lower 
court  or  reverses  it.  If  it  affirms  the  judgment,  it  must 
then  be  carried  out;  if  it  reverses  the  judgment  a  new  trial 
is  granted  and  the  whole  procedure  is  gone  through  again. 

Trial  of  Criminal  Cases. — Criminal  actions,  unlike  civil 
actions,  are  brought,  not  by  the  injured  party,  but  by  the 
state  whose  peace  and  dignity  have  been  violated  by  the 
act  complained  of.  The  officer  who  brings  the  action  in  the 
name  of  the  state  is  called  the  prosecuting  attorney,  the  dis- 
trict attorney,  or  the  state's  attorney.  He  conducts  prelimi- 
nary investigations  into  crimes  and  presents  cases  to  the 
grand  jury  for  indictment.  If  the  grand  jury  returns  the 
indictment,  that  is.  decides  that  the  accused  shall  be  held 
for  trial,  the  prosecuting  officer  takes  charge  of  the  case  and 
conducts  it  for  the  state. 

The  Arrest. — Usually  the  first  step  in  the  trial  of  a  person 
charged  with  crime  is  to  cause  his  arrest.  The  person  in- 
jured, or  any  one  else  who  may  have  knowledge  of  the  crime, 
appears  before  a  magistrate  and  makes  a  complaint  setting 
forth  the  facts  in  regard  to  the  crime.  If  the  magistrate  is 
satisfied  as  to  the  truth  of  the  complaint,  he  issues  a  war- 
rant commanding  the  sheriff  or  some  other  police  officer  to 
arrest  the  accused.  The  warrant  must  particularly  describe 
the  offense,  the  place  where  committed,  and  the  circum- 
stances under  which  it  was  committed,  and  must  give  the 
name  of  the  person  to  be  arrested.  But  in  some  cases  an 
arrest  may  be  made  without  a  warrant,  as  when  an  offender 


TRIAL  OF  CRIMINAL  CASES  119 

is  seen  committing  a  crime  or  when  an  officer  has  good  rea- 
son to  believe  that  the  person  who  is  charged  with  com- 
mitting a  crime  is  the  guilty  person.  In  practice,  police- 
men frequently  arrest  on  mere  suspicion,  and  if  they  do  so 
in  good  faith  they  will  rarely  be  held  liable  for  damages. 
Any  private  individual,  as  well  as  an  officer,  may  arrest 
without  warrant  a  person  whom  he  sees  committing  a 
crime.  He  may  also  arrest  a  person  whom  he  suspects  of 
having  committed  a  capital  crime,  although  without  per- 
sonal knowledge  of  his  guilt.1 

Commitment. — When  arrested  the  accused  is  brought  be- 
fore a  justice  of  the  peace  and  examined.  If  the  justice  of 
the  peace,  after  such  examination,  believes  that  the  accused 
should  be  held  for  trial,  he  is  committed  to  jail.  If  the  of- 
fense is  a  minor  one  it  can  be  tried  by  the  justice  of  the 
peace.  If  it  is  a  more  serious  crime  the  justice  of  the  peace 
can  hold  the  offender  to  await  the  action  of  the  grand  jury. 

Habeas  Corpus  Proceedings. — If  at  any  time  it  is  alleged 
that  a  person  is  unlawfully  deprived  of  his  liberty,  a  judge 
may  issue  a  writ  of  habeas  corpus  and  inquire  into  the 
case.  In  this  way  an  accused  person  may  be  set  free  if 
there  is  no  sufficient  reason  for  holding  him. 

Bail. — If  the  offense  is  not  a  capital  one,  the  accused  can 
secure  his  release  from  the  jail  while  awaiting  trial  by  giv- 
ing bail.  That  is,  he  can  get  one  or  more  persons  to  obligate 
themselves  to  pay  to  the  state  a  certain  sum  of  money 
should  he  fail  to  appear  for  the  trial  at  the  time  set.  Such 
persons  are  called  sureties,  and  they  have  a  certain  power  of 
control  over  the  accused  as  a  means  of  insuring  his  appear- 
ance for  the  trial.  The  constitutions  of  all  the  states  allow 
the  privilege  of  bail  except  in  capital  cases,  and  they  all 
declare  that  the  amount  of  bail  required  shall  not  be  ex- 
1  Baldwin,  The  American  Judiciary,  p.  227. 


120  THE  STATE  JUDICIARY 

cessive,  that  is,  shall  not  be  more  than  is  sufficient  to  insure 
the  appearance  of  the  accused  for  trial.  What  this  amount 
is  must  be  determined  by  the  judge  according  to  his  own 
discretion,  due  regard  being  paid  to  the  gravity  of  the  of- 
fense, the  nature  of  the  punishment,  and  the  wealth  of  the 
defendant  or  his  friends.  If  the  offender  has  been  bound 
over  to  await  the  action  of  the  grand  jury,  the  next  step  in 
the  proceedings  is  the  indictment. 

The  Grand  Jury  is  one  of  the  ancient  institutions  of  the 
common  law.  The  number  of  persons  constituting  the 
grand  jury  was  originally  twenty-three,  but  many  of  the 
states  have  changed  this,  a  common  number  being  fifteen. 
The  grand  jury  is  chosen  by  lot  from  a  carefully  prepared 
list  of  persons  in  the  county,  qualified  to  serve.  The  mem- 
bers are  sworn  in  on  the  first  day  of  the  term  of  court  and 
are  then  "  charged  ",by  the  judge  to  make  a  diligent  inquiry 
into  all  cases  of  crime  that  have  been  committed  in  the 
county,  and  to  return  indictments  against  such  persons  as 
in  their  opinion  should  be  held  for  trial.  They  then  retire 
to  their  room  and  conduct  their  investigations  in  secret. 

The  Indictment. — It  must  be  remembered  that  the  pro- 
cedure of  a  grand  jury  is  not  in  the  nature  of  a  trial  of  the 
accused;  it  is  only  an  inquiry  to  ascertain  whether  there  is 
sufficient  evidence  of  guilt  to  warrant  his  being  put  on  trial. 
In  conducting  this  investigation,  the  grand  jury  hears  only 
one  side  of  the  case,  that  of  the  prosecution,  neither  the 
accused  or  his  witnesses  being  heard.  The  prosecuting  at- 
torney attends  the  sessions  of  the  grand  jury  and  aids  it  in 
the  conduct  of  its  inquiries.  He  prepares  the  indictment 
and  it  is  often  upon  his  recommendation  that  the  grand 
jury  decides  to  indict  or  not  to  indict.  In  some  states  the 
procedure  of  indictment  by  grand  jury  for  all  offenses,  or 
for  all  except  the  most  serious  ones,  has  been  done  away 


TRIAL  OF  CRIMINAL  CASES  121 

with,  the  accusation  taking  the  form  of  an  "  information  " 
filed  by  the  prosecuting  attorney.  One  of  the  reasons  given 
for  abolishing  the  grand  jury  is  that  it  is  often  a  source  of 
delay  since  it  can  be  called  only  when  the  court  is  in  session, 
and  in  some  communities  the  court  is  not  in  session  for 
long  periods  in  every  year. 

The  Arraignment. — After  the  accused  has  been  indicted 
the  next  step  is  to  bring  him  before  the  court  and  arraign 
him.  The  charge  is  first  read  to  him  and  he  is  directed  to 
plead.  If  he  pleads  guilty,  no  further  action  is  taken  and 
the  judge  imposes  the  sentence.  If  he  pleads  not  guilty,  the 
trial  proceeds.  If  he  has  no  counsel  to  defend  him,  the 
court  appoints  some  member  of  the  local  bar  to  act  as  his 
attorney,  and  the  lawyer  so  designated  is  under  a  profes- 
sional obligation  to  undertake  the  defense  and  do  all  in  his 
power  to  clear  him.  In  this  way  the  murderer  of  President 
McKinley  was  enabled  to  have  the  benefit  of  counsel. 
Many  writers  on  criminal  law,  indeed,  contend  that  the 
state  ought  to  employ  regular  public  defenders  for  accused 
persons  just  as  it  employs  public  prosecutors,  since  it 
should  be  equally  interested  in  seeing  an  innocent  man 
acquitted  as  in  seeing  a  guilty  one  convicted.1 

Selection  of  the  Jury. — The  next  step  is  the  impaneling 
of  a  jury  of  twelve  persons  to  try  the  case.  The  law  requires 
that  the  jury  shall  be  selected  from  the  community  in 
which  the  offense  was  committed,  in  order  that  the  accused 
may  have  the  benefit  of  any  good  reputation  which  he  may 
enjoy  among  his  neighbors.  The  jury  is  chosen  by  lot 
from  a  list  of  persons  qualified  to  perform  jury  service,  and 
the  jurymen  are  sworn  to  return  a  verdict  according  to  the 
law  and  the  evidence.  Each  side  is  allowed  to  "  challenge," 

1  In  several  instances  provision  has  recently  been  made  for  such 
an  officer ;  for  example,  in  Los  Angeles. 


122  THE  STATE  JUDICIARY 

that  is,  ask  the  court  to  reject,  any  juror  who  has  formed  an 
opinion  of  the  guilt  or  innocence  of  the  accused  or  who  is 
evidently  prejudiced.  In  addition,  each  may  reject  a  cer- 
tain number  of  jurors  "peremptorily,"  that  is,  without 
assigning  a  cause. 

The  Trial. — After  the  jury  has  been  impaneled,  the 
orosecuting  attorney  opens  the  trial  by  reciting  the  facts 
of  the  case  and  stating  the  evidence  upon  which  he  expects 
to  establish  the  guilt  of  the  accused,  for  the  law  presumes 
the  prisoner  to  be  innocent,  and  the  burden  of  proof  to  show 
the  contrary  rests  upon  the  state.  The  procedure  of  ex- 
amining and  cross-examining  the  witnesses  is  substantially 
the  same  as  in  the  trial  of  civil  cases.  There  are  well- 
established  rules  in  regard  to  the  admissibility  of  evidence 
and  the  weight  to  be  attached  to  it,  and  if  the  judge  com- 
mits an  error  in  admitting  improper  evidence  or  in  exclud- 
ing evidence  that  should  have'  been  admitted  in  the  inter- 
ests of  the  accused,  the  prisoner  may,  if  convicted,  have 
the  verdict  set  aside  by  a  higher  court  and  a  new  trial 
granted  him.  One  of  the  rules  of  procedure  is  that  the  jury 
must  be  satisfied  beyond  a  reasonable  doubt,  from  the 
evidence  produced,  that  the  accused  is  guilty. 

Verdict;  Sentence. — After  being  charged  by  the  judge  as 
to  the  law  applicable  to  the  case,  the  jury  retire  to  a  room 
where  they  are  kept  in  close  confinement  until  they  reach 
a  unanimous  verdict.  If  they  cannot  reach  an  agreement, 
they  notify  the  judge,  who,  if  satisfied  that  there  is  no 
longer  any  possibility  of  an  agreement,  discharges  them; 
then  the  accused  may  be  tried  again  before  another  jury. 
If  a  verdict  of  not  guilty  is  returned,  the  court  orders  the 
prisoner  to  be  set  free;  if  a  conviction  is  found,  sentence  is 
imposed  and  the  punishment  must  be  carried  out  by  the 
sheriff  or  some  other  officer.  The  usual  punishment  is  fine, 


TRIAL  OF  CRIMINAL  CASES  123 

imprisonment  in  the  county  jail  or  state  penitentiary,  or 
death  inflicted  by  hanging  or  electrocution.  In  a  few 
states,  notably  Maine,  Michigan,  Wisconsin,  Rhode  Island, 
and  Kansas,  punishment  by  death  has  been  abolished. 

Probation;  Reformation. — Imprisonment  is  generally  for 
a  specified  period,  though  recently  in  a  number  of  states 
the  indeterminate  sentence  has  been  provided,  that  is,  the 
judge  is  allowed  to  sentence  the  offender  for  an  indefinite 
period,  the  length  of  which  will  depend  upon  the  behavior 
of  the  prisoner  and  on  the  promise  which  he  may  show  of 
leading  a  better  life  after  being  released.  When  thus  re- 
leased he  may  be  placed  on  probation  and  required  to  re- 
port from  time  to  time  to  a  probation  officer  in  order  to 
show  that  his  conduct  is  satisfactory.  If  unsatisfactory,  he 
may  be  taken  up  and  remanded  to  prison.  The  tendency 
now  in  all  enlightened  countries  is  to  adopt  a  system  of 
punishment  that  will  not  only  serve  as  a  deterrent  to  crime 
but  at  the  same  time  help  to  reform  the  criminal  and  make 
a  better  citizen  of  him.  The  old  idea  that  the  purpose  of 
punishment  was  revenge  or  retribution  has  nearly  every- 
where disappeared,  and  in  place  of  the  severities  of  the  old 
criminal  code  we  have  introduced  humane  and  modern 
methods  which  are  probably  just  as  effective  in  deterring 
others  from  wrongdoing,  and  besides  conduce  to  the  refor- 
mation of  many  unfortunate  criminals. 

References. — BALDWIN,  The  .American  Judiciary,  chs.  viii,  xii,  xiv, 
xv,  xvii,  xxii.  BEARD,  American  Government  and  Politics,  ch.  xxvi. 
BRYCE,  The  American  Commonwealth  (abridged  edition),  ch.  xli. 
HART,  Actual  Government,  ch.  ix.  MCCLEARY,  Studies  in  Civics, 
chs.  ii,  vii.  WILLOUGHBY,  Rights  and  Duties  of  Citizenship,  ch.  vii. 

Illustrative  Material. — i.  The  legislative  manual  or  blue  book  of 
the  state.  2.  A  map  showing  the  division  of  the  state  into  judicial 
districts.  3.  Copies  of  legal  instruments,  such  as  warrants  of  arrest, 
indictments,  subpoenas,  summonses,  etc 


124  THE  STATE  JUDICIARY 

RESEARCH  QUESTIONS 

1.  What  are  the  several  grades  of  courts  in  your  state?    In  what 
judicial  district  or  circuit  do  you  live?    Who  is  the  judge  for  that 
district  or  circuit? 

2.  What  are  the  terms  of  the  supreme  court  justices?    The  circuit 
or  district  judges?    The  county  judges?    Do  you  think  these  terms 
are  too  short?    Would  a  good  behavior  term  be  better? 

3.  What  is  the  pay  of  judges  in  your  state?    Do  you  think  these 
salaries  are  large  enough  to  attract  the  best  lawyers  of  the  state? 
Are  the  salaries  fixed  by  the  constitution  or  by  act  of  the  legislature? 

4.  How  are  the  judges  chosen?    Has  the  existing  method  given 
satisfaction?    Do  you  think  judges  should  engage  in  politics?    Where 
they  are  chosen  by  popular  election,  should  they  canvass  the  district 
or  state  as  other  candidates,  do? 

5.  Are   there  separate   chancery  (equity)    courts  in  your  state? 
separate  probate  courts?  separate  juvenile  courts?    If  not,  what 
courts  have  jurisdiction  of  such  matters  as  belong  to  such  courts? 

6.  How  are  justices  of  the  peace  in  your  state  chosen?    What 
is  the  extent  of  their  jurisdiction  in  civil  cases?  in  criminal  cases? 
What  is  the  method  of  compensating  justices  of  the  peace? 

7.  How  often  is  the  circuit  court  held  in  your  district?    How  often 
the  county  court? 

8.  How  are  juries  selected  in  your  state?   How  could  a  better  class 
of  jurors  be  selected?    Do  the  good  citizens  show  a  disposition  to 
shirk  jury  duty?    What  are  the  merits  and  demerits  of  the  jury  sys- 
tem?   Do  you  think  a  unanimous  verdict  ought  to  be  required  in 
criminal  cases? 

9.  Is  the  grand  jury  retained  in  your  state  for  making  indictments? 
If  not,  how  are  indictments  prepared?    What  is  the  difference  be- 
tween an  indictment  and  an  information? 

10.  Why  are  citizens  never  justified  in  resorting  to  lynch  law  ever* 
when  there  is  a  flagrant  miscarriage  of  justice?    Has  there  ever  been 
a  case  of  lynching  hi  your  county? 

11.  What  are  some  of  the  causes  for  the  " delays  of  the  law "?   How 
could  delays  be  shortened  and  the  trial  of  cases  made  more  prompt? 

12.  What  are  the  qualities  of  a  good  judge?    Upon  whom  are  the 
rights  of  the  people  most  dependent,  the  executive  officers  or  the 
judges? 


CHAPTER  VH 
SUFFRAGE  AND  ELECTIONS 

Nature  of  the  Elective  Franchise. — The  right  of  suffrage, 
that  is,  the  right  to  take  part  in  the  choice  of  public  officials, 
is  sometimes  said  to  be  a  natural  and  inherent  right  of  the 
citizen,  but  in  practice  no  state  acts  upon  such  a  principle. 
The  better  opinion,  as  well  as  the  almost  universal  practice, 
is  that  suffrage  is  not  at  all  a  matter  of  right,  but  a  privilege 
bestowed  by  the  state  upon  those  of  its  citizens  who  are 
qualified  to  exercise  it  intelligently  and  for  the  public  good. 
No  state  allows  all  its  citizens  to  vote;  all  the  states  restrict 
the  privilege  to  those  who  are  at  least  twenty-one  years  of 
age;  all  confine  the  privilege  to  those  who  are  bona  fide 
residents  of  the  community;  and  some  require  educational, 
property,  and  other  qualifications  of  various  kinds.  On 
the  other  hand,  eight  states  allow  aliens  who  have  formally 
declared  their  intention  of  becoming  citizens,  to  vote  equally 
with  citizens  in  all  elections.1  The  terms  "voter"  and 
"citizen,"  therefore,  are  not  identical  or  synonymous. 
.  Existing  Qualifications  for  Voting. — In  the  early  days  of 
our  history  restrictions  on  the  voting  privilege  were  much 
more  numerous  and  stringent  than  now.  Most  of  the  early 
constitutions  limited  the  privilege  to  property  owners,  and 
some  prescribed  religious  tests  in  addition.  It  is  estimated 
that  at  the  beginning  of  the  nineteenth  century  not  more 

1  These  states  are  Arkansas,  Indiana,  Kansas,  Missouri,  Nebraska, 
Oregon,  South  Dakota,  and  Texas. 

125 


126  SUFFRAGE  AND  ELECTIONS 

than  one  person  in  twenty  had  the  right  to  vote,  whereas 
now  probably  the  proportion  is  two  in  five. 

Federal  Restriction. — In  the  United  States  the  power  to 
prescribe  the  qualifications  for  voting  in  both  national  and 
state  elections  belongs  to  the  individual  states,  subject 
only  to  two  provisions:  in  fixing  the  suffrage  they  cannot 
abridge  the  privilege  (i)  on  account  of  race,  color,  or  pre- 
vious condition  of  servitude,  or  (2)  on  account  of  sex.  The 
first  provision  is  found  in  the  Fifteenth  Amendment  to  the 
Federal  Constitution,  adopted  in  1870,  and  its  purpose  was 
to  prevent  the  states  from  denying  the  privilege  of  suffrage 
to  negroes  who  by  the  Fourteenth  Amendment,  adopted  in 
1868,  had  been  made  citizens  of  the  United  States.  The 
second  provision  is  in  the  Nineteenth  Amendment  adopted 
in  1920.  These  provisions  do  not,  however,  prevent  the 
states  from  limiting  the  privilege  on  other  grounds,  such  as 
illiteracy,  criminality,  vagrancy,  nonpayment  of  taxes,  and 
the  like. 

The  Residence  Requirement. — In  the  first  place,  all  the 
states  require  residence  for  a  specified  period  in  the  state 
and  in  the  election  district  in  which  the  voter  exercises  his 
privilege  of  voting.  The  purpose  of  this  requirement  is  to 
confine  the  franchise  to  those  who  have  become  identified 
with  the  interests  of  the  community,  and  to  exclude  outsiders 
or  newcomers  who  are  unfamiliar  with  local  conditions  and 
unacquainted  with  the  qualifications  of  the  candidates. 
The  required  length  of  residence  in  the  state  ranges  from 
three  months  in  Maine  to  two  years  in  most  of  the  Southern 
states,  the  more  usual  requirement  being  one  year.  The 
period  of  residence  required  in  the  county  or  election  dis- 
trict is  shorter,  the  most  common  requirement  being  three 
months  in  the  county  and  one  month  in  the  election  district. 

Educational   Tests. — In   addition    to    this   requirement, 


EXISTING  QUALIFICATIONS  FOR  VOTING  127 

nearly  one  third  of  the  states  insist  upon  some  kind  of  edu- 
cational test.  Connecticut  in  1855  was  the  first  state  to  re- 
quire ability  to  read  and  write.  Massachusetts  followed  her 
example  shortly  thereafter,  and  the  precedent  set  by  these 
two  states  was  soon  followed,  with  modifications,  by  Cali- 
fornia, Maine,  Wyoming,  New  Hampshire,  Delaware,  and 
Washington. 

The  adoption  of  the  Fifteenth  Amendment  in  1870,  which 
indirectly  conferred  the  right  to  vote  on  the  negro  race,  and 
the  unfortunate  results  which  followed  the  enfranchise- 
ment of  the  large  mass  of  blacks  in  the  South,  led  some  of 
the  Southern  states  to  adopt  educational  and  other  restric- 
tions to  diminish  the  evils  of  an  ignorant  suffrage.  Missis- 
sippi in  1890  took  the  initiative,  and  required  ability  either 
to  read  the  constitution  of  the  state  or  to  understand  it 
when  read  by  an  election  officer.  South  Carolina  followed 
her  example  in  1895,  but  with  the  modification  that  an 
illiterate  person  who  was  the  owner  of  at  least  $300  worth 
of  property  should  not  be  disfranchised.  Louisiana,  Ala- 
bama, North  Carolina,  Virginia,  Oklahoma,  and  Georgia 
followed  with  restrictions  based  on  similar  principles.  In 
several  of  these  states,  however,  the  educational  qualifica- 
tion does  not  apply  to  those  who  were  voters  in  1867  (when 
the  negro  race  wag  still  unenfranchised),  or  to  their  de- 
scendants, or  to  those  who  served  in  the  army  or  navy  dur- 
ing the  Civil  War.  But  in  1915  the  Supreme  Court  of  the 
United  States  decided,  in  the  case  of  Oklahoma,  that  these 
so-called  "  grandfather  "  provisions  were  unconstitutional. 
Other  Persons  Excluded. — Most  of  the  states  deny  the 
right  to  vote  to  convicted  criminals,  idiots,  and  insane  per- 
sons ;  some,  particularly  those  of  the  South,  insist  that  the 
voter  must  have  paid  his  taxes;  some  exclude  vagrants, 
paupers,  and  inmates  of  public  institutions. 


128  SUFFRAGE  AND   ELECTIONS 

Woman  Suffrage. — For  a  long  time  women  everywhere 
were  denied  the  right  to  vote,  even  long  after  their  civil  dis- 
abilities had  been  removed.  The  principal  arguments  ad- 
vanced by  the  opponents  of  woman  suffrage  were :  that 
active  participation  of  women  in  political  affairs  would  tend 
to  destroy  their  feminine  qualities  by  forcing  them  into 
political  campaigns,  and  thus  causing  them  to  neglect  their 
children ;  that  it  would  tend  to  introduce  discord  into  family 
life  by  setting  husband  against  wife  on  political  issues ;  that 
since  women  are  incapable  of  discharging  all  the  obligations 
of  citizenship,  such  as  serving  in  the  army,  militia,  or  police, 
they  ought  not  to  have  all  the  privileges  of  citizenship ;  that 
a  majority  of  the  women  did  not  desire  the  privilege  of  vot- 
ing ;  and  that  men  could  be  trusted  to  care  for  the  interests 
of  the  whole  family. 

Arguments  in  Favor  of  Woman  Suffrage. — In  favor  of  giv- 
ing the  ballot  to  women,  it  was  argued  that  differences  of  sex 
do  not  constitute  a  logical  or  rational  ground  for  granting  or 
withholding  the  suffrage  if  the  citizen  is  otherwise  qualified ; 
that  women  should  be  given  the  ballot  for  their  own  self- 
protection  against  unjust  class  legislation ;  that  since  mil- 
lions of  them  had  become  wage  earners  and  were  competing 
with  men  in  nearly  every  trade  and  occupation  and  in  many 
of  the  learned  professions,  the  argument  that  the  wage 
earner  should  have  the  ballot  as  a  means  of  defense  applied 
equally  to  women  as  to  men ;  that  since  the  old  civil  dis- 
abilities to  which  they  were  formerly  subject,  such  as  the 
inability  to  own  real  estate,  enter  into  contracts,  and  engage 
in  learned  professions  had  been  removed,  it  followed  logically 
that  their  political  disabilities  should  be  removed  also ;  -and 
that  since  many  of  them  had  become  property  owners  and 
taxpayers  it  was  unjust  to  permit  the  shiftless  nontaxpaying 
male  citizen  to  take  part  in  choosing  public  officials  and  at 


VOTER  CASTING  A  BALLOT 


WOMAN  SUFFRAGE  PARADE,  WASHINGTON,  D.C.,  MARCH  3,  1913 

vii 


WOMAN  SUFFRAGE  12Q 

the  same  time  deny  the  right  to  women  taxpayers.  More- 
over, it  was  argued  that  the  admission  of  women  to  a  share  in 
the  management  of  public  affairs  would  elevate  the  tone  of 
politics  and  conduce  to  better  government.  Women  are 
vitally  interested  in  such  matters  as  taxation,  education,  sani- 
tation, labor  legislation,  pure  food  laws,  and  better  housing 
conditions  in  the  cities,  and  it  was  maintained  that  in  those 
states  where  they  had  been  given  the  right  to  vote  they  had 
been  instrumental  in  securing  wise  legislation  on  many  of 
these  subjects.  Finally,  it  was  argued,  the  fact  that  some 
women  do  not  care  for  the  privilege  is  no  reason  why  it 
should  be  denied  to  those  who  do  desire  it. 

The  Enfranchisement  of  Women. — These  arguments  in 
favor  of  suffrage  for  women  gradually  made  a  strong  appeal 
to  the  men  and  one  state  after  another  conferred  a  limited 
suffrage  on  women  citizens.  At  first  they  were  allowed  to 
vote  in  school  elections,  or  in  municipal  elections,  or  on  pro- 
posed bond  issues  (if  they  were  taxpayers).  From  this  it 
was  a  short  step  to  equal  suffrage  with  men  in  all  elections 
and  by  1920  there  were  some  sixteen  states  in  which  this  right 
had  been  conferred  upon  women.  In  the  meantime  various 
foreign  countries,  including  England  and  even  Germany,  had 
granted  the  full  right  of  suffrage  to  women.  After  long  agita- 
tion on  the  part  of  American  women,  Congress  in  1919  sub- 
mitted to  the  state  legislatures  an  amendment  to  the  Federal 
Constitution  providing  for  full  woman  suffrage  in  all  the 
states,  and  this  nineteenth  amendment  was  ratified  in  1920. 

The  Duty  to  Vote. — The  better  opinion  is  that  the  exer- 
cise of  the  suffrage  is  not  only  a  high  privilege  conferred  by 
the  state  on  a  select  class  of  its  citizens,  but  is  a  duty  as 
well.  Among  the  great  dangers  of  popular  government 
are  indifference  and  apathy  of  the  voters.  If  popular  gov- 
ernment is  to  be  a  success,  we  must  have  not  only  an 
Govt.  U.  S.— o 


130  SUFFRAGE  AND  ELECTIONS 

intelligent  and  honest  electorate  but  also  one  which  is  wide- 
awake and  vigilant.  Under  a  democratic  system  of  govern- 
ment like  ours,  the  character  of  the  government  is  largely 
what  the  voters  make  of  it.  If  we  are  to  have  capable  and 
honest  officials  to  enact  laws  and  enforce  them,  the  voters 
must  see  to  it  that  such  men  are  nominated  and  elected  and 
compelled  by  the  pressure  of  a  vigorous  and  alert  public 
opinion  to  the  faithful  performance  of  their  duties.  Every 
voter  should  inform  himself  as  to  the  qualifications  of  can- 
didates for  office  and  as  to  the  merits  of  policies  upon  which 
he  is  called  to  express  an  opinion,  and  having  done  this,  he 
ought  to  go  to  the  polls  and  contribute  his  share  to  the  elec- 
tion of  good  men  and  the  adoption  of  wise  public  measures. 
Compulsory  Voting. — The  question  has  sometimes  been 
discussed  as  to  whether  one  who  possesses  the  privilege  of 
voting  ought  not  to  be  legally  required  to  exercise  it  just 
as  the  citizen  is  compelled  to  serve  on  the  jury  or  in  the 
militia.  Several  European  countries,  notably  Belgium  and 
Spain,  have  adopted  a  system  of  compulsory  suffrage  under 
which  failure  to  vote  is  punishable  by  disfranchisement, 
an  increase  of  taxes,  publication  of  the  name  of  the  negli- 
gent voter  as  a  mark  of  censure,  etc.  But  however  repre- 
hensible the  conduct  of  the  citizen  who  neglects  his  civic 
obligations  and  duties  as  a  member  of  society,  it  is  hardly 
the  province  of  the  state  to  punish  the  nonperformance  of 
such  a  duty.  Moreover,  if  required  by  law  the  duty  might 
be  exercised  as  a  mere  form  and  without  regard  to  the  pub- 
lic good.  Better  results  are  likely  to  be  obtained  by  treat- 
ing it  as  a  moral  duty  and  a  privilege  rather  than  a  legal  obli- 
gation. But  public  opinion  ought  to  condemn  the  citizen 
who  without  good  cause  neglects  his  obligations  to  society, 
one  of  which  is  the  duty  to  take  part  in  the  election  of  those 
who  are  responsible  for  the  government  of  the  country. 


THE  REGISTRATION  REQUIREMENT  131 

The  Registration  Requirement. — Nearly  all  of  the  states 
now  require  as  a  preliminary  condition  to  the  exercise  of 
the  suffrage  that  the  voter  shall  be  "registered,"  that  is, 
that  he  shall  have  his  name  entered  on  a  list  containing 
the  names  of  all  qualified  voters  in  the  election  district  who 
are  entitled  to  take  part  in  the  election.  The  purpose  of  this 
requirement  is  to  prevent  double  voting  and  other  abuses 
of  the  electoral  privilege.  In  densely  populated  districts 
it  is  impossible  for  the  election  judges  to  know  personally 
all  the  voters,  and  hence  without  some  means  of  identifying 
them  it  would  be  difficult  to  prevent  persons  outside  the 
district  from  taking  part  in  the  election  or  to  prevent  those 
properly  qualified  from  voting  more  than  once.  In  a  few 
communities,  however,  the  old  prejudice  against  such  a 
requirement  still  prevails;  for  example,  the  constitution  of 
Arkansas  declares  that  registration  shall  not  be  required 
as  a  condition  to  the  exercise  of  the  elective  franchise. 

Methods  of  Registration. — Two  general  types  of  registra- 
tion requirements  are  now  in  existence.  One  is  the  require- 
ment that  the  voter  shall  present  himself  in  person  before 
the  board  of  registration  prior  to  each  election  and  get  his 
name  on  the  list.  The  chief  objection  to  this  requirement 
is  that  it  constitutes  something  of  a  burden  to  the  voter 
and  often  disfranchises  him  on  account  of  his  negligence  or 
inability  to  register  on  %the  day  prescribed. 

The  other  type  of  registration  requirement  is  in  force 
in  Massachusetts,  Pennsylvania,  and  many  other  states. 
Where  this  system  prevails,  when  the  voter's  name  is  placed 
on  the  registration  list,  it  is  kept  there  so  long  as  he  remains 
in  the  district,  and  it  is  unnecessary  for  him  to  register  each 
year.  The  principal  criticism  of  this  plan  is  that  the  regis- 
tration list  is  less  likely  to  be  correct,  because  the  names  of 
persons  who  have  died  or  moved  away  are  likely  to  be  kept 


132  SUFFRAGE  AND  ELECTIONS 

on  the  list;  whereas  under  the  other  method  they  would  be 
stricken  off. 

Time  of  Holding  Elections. — National  elections  for  the 
choice  of  President  and  Vice  President  are  held  on  the 
Tuesday  after  the  first  Monday  in  November  every  four 
years.  Elections  for  representatives  in  Congress  are  held 
on  the  same  date,  in  most  states,  every  second  year.  Elec- 
tions for  state  officers  are  generally  held  on  the  same  day 
as  national  elections,  though  where  state  officers  are  chosen 
annually,  state  elections  of  course  come  oftener.  A  few 
states,  however,  prefer  to  hold  their  elections  at  a  different 
date  from  that  on  which  national  elections  are  held.  Four 
states,  Kentucky,  Maryland,  Massachusetts,  and  Virginia, 
hold  theirs  in  the  odd  years,  while  national  elections  always 
occur  in  the  even-numbered  years.  A  few  others  which 
have  their  elections  in  the  even-numbered  years  hold  them 
at  a  different  time  of  the  year  from  that  at  which  national 
elections  are  held.  Thus  Arkansas  and  Maine  hold  their 
state  elections  in  September,  Georgia  holds  her  election  in 
October,  and  Louisiana  holds  hers  in  April. 

In  many  of  the  states  an  attempt  is  made  to  separate 
national  and  state  elections  from  municipal  elections  in 
order  to  encourage  the  voters  to  select  municipal  officers 
without  reference  to  state  or  national  issues.  Thus  in  New 
York,  where  national  and  state  elections  occur  biennially 
in  the  even-numbered  years,  city  elections  are  held  in  the 
odd-numbered  years.  Likewise,  in  Illinois,  city  elections 
are  held  in  April,  while  state  and  national  elections  are  held 
in  November.  So,  too,  in  some  states  judicial  elections 
are  held  at  a  different  date  from  other  elections,  in  order 
to  minimize  the  influence  of  party  politics  in  the  selection 
of  judges. 


TIME  OF  HOLDING  ELECTIONS  133 

Other  local  elections — township,  county,  and  village- 
are  held  in  some  cases  at  the  same  time  as  the  state  election, 
and  in  other  cases  such  elections,  or  some  of  them,  are  held 
on  different  days. 

Manner  of  Holding  Elections. — Before  an  election  can 
be  held,  due  notice  must  be  given  of  the  time  and  place  at 
which  it  is  to  be  held  and  the  offices  to  be  filled  or  the  ques- 
tions of  public  policy  to  be  submitted  to  the  voters.  For 
the  convenience  of  the  voters  the  county  or  city  is  divided 
into  districts  or  precincts  each  containing  a  comparatively 
small  number  of  voters,  and  for  each  district  there  is  pro- 
vided a  polling  place  with  the  necessary  number  of  booths, 
ballot  boxes,  and  other  election  paraphernalia.  The  re- 
sponsibility for  preparing  the  ballots,  giving  notice  of  the 
election,  and  providing  the  necessary  supplies  is  intrusted 
to  certain  designated  officials.  Sometimes  the  county  clerk, 
sometimes  the  city  clerk,  and  sometimes,  as  in  the  large 
cities,  a  board  of  election  commissioners,  performs  these 
duties. 

Election  Officers. — At  each  polling  place,  on  election  day, 
there  is  a  corps  of  election  judges  or  inspectors,  poll  clerks, 
ballot  clerks,  and  the  like.  Each  party  is  allowed  to  have 
one  or  more  watchers,  and  frequently  there  is  a  police  offi- 
cial to  maintain  order  at  the  polls.  While  the  polls  are 
open,  electioneering  within  a  certain  number  of  feet  of  the 
election  place  is  forbidden,  and  usually  no  person  except 
the  election  officers,  the  watchers,  and  the  person  who  is 
casting  his  ballot  are  allowed  in  the  polling  room.  Every 
polling  place  is  equipped  with  one  or  more  voting  booths 
which  must  be  so  constructed  as  to  insure  secrecy  on  the 
part  of  the  voter  while  he  is  marking  his  ballot.  The  polls 
are  opened  at  a  designated  hour,  and  before  the  balloting 
begins  the  ballot  boxes  must  be  opened  arid  exhibited  to 


134  SUFFRAGE  AND  ELECTIONS 

show  that  they  are  empty,  after  which  they  are  locked 
and  the  casting  of  the  ballots  begins. 

Evolution  of  the  Ballot. — In  the  early  days  of  our  history, 
voting  was  by  viva  vocej  that  is,  by  living  voice.  Each  voter 
as  he  appeared  at  the  polling  place  was  asked  to  state  the 
names  of  the  candidates  for  whom  he  desired  to  vote,  and 
this  he  did  in  a  distinct  voice  that  could  be  heard  by  the 
bystanders  as  well  as  the  election  officials.  The  obvious 
objection  to  such  a  method  was  that  it  did  not  secure  se- 
crecy, and  moreover  it  stimulated  bribery  because  it  was 
easy  for  a  person  who  purchased  a  vote  to  see  that  the  vote 
was  delivered  as  paid  for.  The  states  soon  began  to  experi- 
ment with  the  method  of  voting  by  ballot,  and  the  advan- 
tages were  so  evident  that  in  time  this  method  was  adopted 
in  all  of  them,  the  last  state  to  abandon  the  old  method 
being  Kentucky  in  1891. 

At  first  written  ballots  were  generally  used;  then  it  be- 
came the  practice  for  each  candidate  to  print  his  own  bal- 
lots; and  later  each  party  would  put  on  the  same  ballot  the 
names  of  all  the  party  candidates  and  have  them  printed 
at  the  expense  of  the  party.  Each  of  these  methods  had  its 
disadvantages.  When  the  last  method  prevailed,  for  ex- 
ample, the  ballots  of  the  different  parties  were  printed  on 
different  colored  paper,  so  that  it  was  easy  to  ascertain  a 
voter's  intentions  by  the  color  of  the  ballot  in  his  possession. 
These  ballots  were  distributed  days  before  the  election 
and  were  frequently  marked  by  the  voter  before  going  to 
the  polls.  Such  a  system  not  only  made  secret  voting  diffi- 
cult, but  it  afforded  abundant  opportunities  for  using  undue 
influence  over  certain  classes  of  persons  to  compel  them 
to  vote  for  particular  candidates.  To  remove  these  and 
other  evils  which  increased  as  time  passed,  the  Australian 
ballot  system,  with  modifications,  was  introduced  into  this 


EVOLUTION  OF  THE  BALLOT  135 

country,  first  by  the  state  of  Massachusetts  in  1888,  and 
in  one  form  or  another  it  is  now  found  in  practically  all  the 
states. 

The  Australian  Ballot. — The  distinguishing  features  of 
the  Australian  system  are  the  following:  The  names  of  all 
the  candidates  of  every  political  party  are  pjaced  on  a 
single  ballot;  this  ballot  is  printed  at  public  expense  and  not 
by  the  candidates  or  parties;  no  ballots  are  distributed  be- 
fore the  election,  and  none  are  obtainable  anywhere  except 
at  the  polls  on  election  day,  and  then  only  when  the  voter 
presents  himself  to  vote;  and  the  ballot  can  be  marked  only 
in  voting  booths  provided  for  the  purpose,  and  in  absolute 
secrecy. 

The  Australian  system  has  been  more  or  less  modified 
in  all  the  states  where  it  has  been  introduced,  so  that  it 
really  does  not  exist  in  its  pure  form  anywhere  in  this  coun- 
try, the  nearest  approach  to  it  being  the  Massachusetts 
system.  The  prevailing  forms  may  be  reduced  to  two  gen- 
eral types:  the  " office  column"  type,  of  which  the  Massa- 
chusetts ballot  is  a  good  example;  and  the  "party  column" 
type  found  in  Indiana  and  many  other  states. 

The  "  Office  Column  "  Ballot  has  the  names  of  the  candi- 
dates for  each  office  arranged  in  alphabetical  order  under  the 
title  of  the  office,  and  to  vote  such  a  ballot  it  is  necessary 
for  the  voter  to  look  through  each  column,  pick  out  the 
candidate  he  favors,  and  mark  a  cross  in  a  blank  space 
opposite  each  name  for  which  he  votes.  To  do  this  requires 
not  only  considerable  time,  but  a  certain  amount  of  in- 
telligence and  discrimination. 

The  "Party  Column"  Ballot  arranges  the  candidates, 
not  under  the  offices  which  they  are  seeking,  but  in  parallel 
columns  according  to  political  parties,  there  being  a  column 
for  each  party.  Opposite  each  candidate's  name  on  the 


SUFFRAGE  AND  ELECTIONS 


To  rote  for  a  Person,  mark  a 
the  right  of  the  Party  Kume 

Cross  X  in  the  Square  at  y  1    To  Tote  for  a  Person,  mark 
or  Political  Designation.  A|    the  tight  of  the  Party  Sir 

a  Cross  X,  i»  the  Square  at  y 
oe,   or  Political  Designation.  A 

GOVERNOR       .... 

.      .       .       .       Mark  ONE 

CONGRESSMAN  -  T»tk  (Httrtn  ....         Mark  ONB. 

JAMES  t.  CAREY  -or  H.V,,MU         .       .       .        BOCU.IIJI 

J.   MITCHELL   UALVIN-criKMU*     .        .         .     Republican 

KBEN  8.   DRAPKR-*fft.ped.l* 

.        .        .     Republican 

CHARLES  J.  KIDNEY—  «rl 

IMM       .  Independence  Leairne  | 

.WALTER  J.    HOAR-orvrorem 

er        .        .      SocWI.  -Labor 

JuSECH   r.  O'UOV.NELL-.rBMM   .       .       .   Demoemtk 

WILLIAM  N.  CWGOOO-ofLo. 

ell       .   Independence  Lmiruc 

HAZARD  STEVKNS-ofBo.i 

-    .       .       .       .Free  Trader 

JAMES    H.    VAUKT-oTK-.irr.o 

..       .                      Democratic 

1,       .        .        .    I'rohlblL'uD 

COUNCILLOR  —  aecood  01 

MM    ....      Mark  ONB. 

LIEUTENANT   OOVERNOB 

.      .  '     .      .      Mark  ONB. 

NM         .       .       .   Republican  | 

CHARLES  0.  KIDDER     .f 

M.IO.    .  Independence  Lese;ue  j 

CHARLES  J.    UAKT(»N_.ryli 

„     .        .        .    Democra.le 

LOUIS  A.  FROTH  ING1I  AM  - 

fB.rto.      .        .    Republican  | 

^        SENATOR  -  rint  Norfolk  Dl 

rtrtrt   .       .       .      .      Mark  ONB. 

JOHN   HALL,   •-      i--inrnn.|Sni          .       .        Sociallut 

JAMES  K.  KOLEY-.fK.n4oi 

pk  .       .       .       .    Democratic  | 

HUBERT  J.  MCCARTNEY  -.rKlnptn   Independence  Uarne 

JOHN  J.  OALLAOHEK-.rH7d.rM                 .         BoctaH.t 

KRANK  It.  •KAND-.rH..nhui   ....    Prohibition 

KUOKNE  0.  ntILTMAN-.fQ.i.«,    .        .        .    Republican 

OFFICE  COLUMN  BALLOT 
Part  of  Massachusetts  Ballot  of  November,  1908 


Dfimccratic  Tickod 

1  ForGoTcraor, 

.  I        THOMAS  R.  MARSHALL 


FRANK  J.  HALL. 


For  SecreUry  of  State. 

JAMES  p.  cox. 


For  Auditor  of  State. 
•n.  I  MARION  BAILEY. 


ForTrMsarerof  8toU. 
/OHM  ISEKBARCER. 


Ticket. 


E 
E 
E 


ForOovenor, 
JAMPS  E.  WATSOK. 


FREMONT  COODWINfl 


For  Secretary  of  State, 
FRED  X  5IMS. 


For  Auditor  of  State. 
JOHN  & 


Tor  Treasurer  of  Bute, 
OSCAR  HADLEY 


Prohibition  Ticket. 

For  Governor, 
STOKER  W.  HAY.VFS. 


For  Ueutenant-Qovenmr, 
ABRAHAM  HUNTSINOER 


For  Secretary  of  StaU. 
WILLIAM  H.  HaL. 


For  Auditor  of  fitst«, 
HENRY  COONS. 


For  IrtMuitr  of  State. 
WILLIAM  H.  CROWDEH, 


PARTY  COLUMN  BALLOT 
Part  of  Indiana  Ballot  of  November, 


1908 


THE  AUSTRALIAN  BALLOT  137 

"party  column"  ballot  is  a  blank  space,  and  at  the  head  of 
each  column  is  a  circle  and  usually  a  device  or  emblem  to 
indicate  the  party.  By  making  a  mark  in  this  circle  the 
voter  may  cast  a  ballot  for  all  the  candidates  of  the  party. 
This  is  called  "straight"  voting.  He  may  if  he  wishes, 
however,  vote  a  "split"  ticket  by  putting  a  cross  in  the 
blank  spaces  opposite  the  names  of  candidates  of  his  choice 
in  the  different  columns.  The  chief  objection  that  has  been 
urged  against  this  type  of  ballot  is  that  by  making  it  so 
easy  to  vote  a  "straight"  ticket,  it  encourages  strict  party 
voting,  whereas  independent  voting,  especially  in  city  elec- 
tions, should  be  encouraged  by  every  possible  means. 

The  "office  column"  ballot,  on  the  other  hand,  encourages 
independent  voting  by  making  it  just  as  difficult  to  vote  a 
"straight"  ticket  as  a  "split"  one.  In  Massachusetts  there 
has  been  a  remarkable  amount  of  independent  voting,  due 
partly  to  the  form  of  ballot  used.  The  "office  column" 
type  of  ballot  is  now  used  for  all  elections  in  about  one 
fourth  of  the  states,  and  in  a  number  of  others  for  municipal 
elections. 

Ballot  Reform. — In  recent  years  there  has  been  con- 
siderable discussion  of  the  subject  of  ballot  reform,  and  not 
a  little  experimenting  with  different  schemes.  Political 
reformers  generally  demand  the  abolition  of  the  "party 
column"  form,  or  at  least  the  abolition  of  the  party  circle, 
as  a  means  of  discouraging  straight  party  voting,  but  the 
professional  politicians  insist  upon  its  retention.  What- 
ever may  be  the  form  ultimately  adopted,  one  reform  is 
desirable,  namely,  greater  simplification,  to  the  end  that 
the  electoral  franchise  may  be  exercised  more  intelligently 
and  easily.  In  some  of  our  states  the  number  of  elective 
offices  has  increased  to  such  proportions,  and  the  ballot  to 
such  size,  that  it  has  become  a  real  burden  to  vote  it. 


138  SUFFRAGE  AND  ELECTIONS 

A  ballot  used  in  Chicago  in  1906  contained  the  names  of  over 
330  candidates  and  was  over  two  feet  in  length  and  nearly  two  feet  in 
width.  From  this  bewildering  array  of  names  the  voter  was  com- 
pelled to  pick  out  his  choice  for  the  following  offices:  state  treasurer, 
state  superintendent  of  public  education,  trustees  of  the  University  of 
Illinois,  representative  in  Congress,  state  senator,  representative  in 
the  state  assembly,  sheriff,  county  treasurer,  county  clerk,  clerk  of 
the  circuit  court,  county  superintendent  of  schools,  judge  of  the 
county  court,  judge  of  the  probate  court,  members  of  the  board  of 
assessors,  judges  of  the  municipal  court  for  the  two-year  term  (nine 
to  be  elected),  members  of  the  board  of  review,  president  of  the  board 
of  county  commissioners,  county  commissioners  (ten  to  be  elected  on 
general  ticket),  trustees  of  the  sanitary  district  of  Chicago  (three  to 
be  elected),  clerk  of  the  municipal  court,  chief  justice  of  the  municipal 
court,  judges  of  the  municipal  court  (nine  to  be  elected),  judges  of  the 
municipal  court  for  the  four-year  term  (nine  to  be  elected).  In  Ore- 
gon in  the  election  of  1912  the  ballot  contained  the  names  of  177  can- 
didates and  3  7  laws  and  amendments. 

To  vote  ballots  containing  many  names  requires  a  good 
deal  of  care,  if  not  experience,  to  avoid  error  which  will 
result  in  having  it  thrown  out,  for  the  regulations  governing 
the  marking  of  the  ballot  are  very  strict  and  must  be  ob- 
served if  the  vote  is  to  be  counted.  Accordingly,  elaborate 
instructions  covering  large  sheets  are  posted  throughout 
the  election  district  and  at  the  polls  for  the  guidance  of 
the  voters,  and  these  have  to  be  carefully  studied  by  inex- 
perienced voters  who  desire  to  avoid  mistakes.  Sample 
ballots  also  may  be  provided  for  practice.  One  result  of 
the  increasing  complexity  of  the  ballot  is  to  give  an  unde- 
sirable advantage  to  the  professional  politicians  who  under- 
stand how  to  vote  such  ballots,  and  to  discourage  those 
who  are  not  politicians. 

Voting  Machines. — A  few  states  have  adopted  voting 
machines,  especially  for  their  large  cities.  These  are  so 
arranged  that  the  voter  may,  by  going  into  a  booth  and 


BALLOT  REFORM  139 

pulling  a  number  of  knobs,  register  his  vote  quickly  and 
without  the  danger  of  spoiling  his  ballot.  When  the 
polls  are  closed  the  results  are  already  recorded  on  a 
dial,  and  the  long  delay  in  counting  the  returns  is  elimi- 
nated. The  chief  objection  to  the  voting  machine,  how- 
ever, is  the  expense,  and  this  has  prevented  its  more  general 
adoption. 

Formalities  of  Voting. — When  the  voter  presents  himself 
at  the  polls l  he  must  announce  his  name  and  address  to  the 
election  officials.  If  his  name  is  found  on  the  registration 
list,  he  is  given  a  ballot  and  his  name  entered  on  the  poll 
book.  He  then  enters  a  booth,  where  he  marks  his  ballot, 
for  which  purpose  he  is  allowed  to  remain  therein  not  exceed- 
ing a  certain  lengtn  of  time.  He  must  not  mark  his  ballot 
in  such  a  way  that  it  can  be  identified  after  it  has  been 
placed  in  the  ballot  box,  and  no  erasures  are  allowed.  If  he 
spoils  his  ballot  he  will  be  given  another,  and  if  he  is  phys- 
ically unable  to  mark  it,  or  if,  in  some  states,  he  is  illiterate, 
he  will  be  allowed  the  assistance  of  two  persons  representing 
different  political  parties.  His  right  to  vote  may  be  chal- 
lenged, in  which  case  he  will  be  required  to  identify  himself 
or  "  swear  in  "  his  ballot,  a  record  of  which  must  be  duly  kept. 
When  he  has  marked  his  ballot  he  must  fold  it  in  such  a 
manner  as  to  conceal  its  face,  and  hand  it  to  one  of  the  elec- 
tion judges,  who  announces  the  name  of  the  voter;  the  fact 
of  his  voting  is  recorded,  and  the  ballot  placed  in  the 
box. 

At  a  certain  hour  prescribed  by  law  the  polls  are  closed, 

1  Most  states  have  laws  allowing  voters  to  leave  work  for  a  certain 
length  of  time  on  election  day  without  deduction  of  wages.  A  few 
states  provide  means  for  taking  the  votes  of  those  who  are  neces- 
sarily absent  on  business  on  election  day.  Many  states  provide 
for  taking  the  votes  of  men  serving  as  soldiers  in  time  of  war. 


140  SUFFRAGE  AND  ELECTIONS 

after  which  the  votes  are  counted;  and  when  this  task  is 
complete  the  returns  are  announced.  Generally  the  ballots 
must  be  preserved  for  several  months  in  order  that  an  op- 
portunity may  be  offered  for  a  recount  in  case  the  election 
is  contested.  Usually  the  ballots  cannot  be  reopened  and 
recounted  except  by  order  of  a  court  or  of  the  committee 
on  elections  of  the  legislature. 

Legislation  Against  Fraudulent  Voting;  Corrupt  Practices 
Acts. — For  a  long  time  in  this  country  there  was  little  legis- 
lation designed  to  regulate  the  conduct  of  elections  and  to 
protect  the  exercise  of  the  electoral  privilege  against  fraud. 
The  principal  evils  of  the  old  system  were:  lack  of  secrecy 
in  voting;  the  use  of  separate  ballots  printed  by  the  candi- 
dates or  their  party  organizations;  the  distribution  of  these 
ballots  before  election  day;  lack  of  means  for  identifying 
the  voters;  bribery,  intimidation,  treating,  and  the  use 
of  other  objectionable  means  for  influencing  voters ;  "  re- 
peating " ;  ballot  box  "  stuffing  " ;  and  the  like.  To  elim- 
inate or  diminish  these  and  other  evils,  practically  all  the 
states  have  passed  laws  of  one  kind  or  another.  They  are 
generally  known  as  corrupt  practices  acts  and  are,  for  the 
most  part,  based  on  the  English  law  of  1883.  Much  of  this 
legislation  is  detailed  and  complex,  and  some  of  it  is  still  in 
the  experimental  stage. 

The  corrupt  use  of  money  in  elections  has  come  to  be 
one  of  the  greatest  political  evils  of  our  time.  The  buying 
of  votes  is  a  very  common  practice  in  some  communities, 
and  unfortunately  is  not  as  strongly  condemned  by  pub- 
lic opinion  as  it  sh6uld  be.  Some  50  per  cent  of  the 
voters  in  one  county  of  Ohio  were  disfranchised  by  the  court 
for  selling  their  votes  in  the  general  election  of  1910.  The 
growth  of  great  corporations,  many  of  which  desire  legisla- 
tion in  their  interest,  or  immunity  from  unfavorable  laws, 


LEGISLATION  AGAINST  FRAUDULENT  VOTING         141 

has  introduced  a  more  or  less  corrupting  element  in  our 
political  life.  Some  states  have  enacted  laws  forbidding 
corporations,  under  heavy  penalties,  from  making  contribu- 
tions to  the  campaign  funds  of  political  parties.  Others 
have  forbidden  the  practice  of  political  committees  of  as- 
sessing office  holders  for  campaign  purposes.  Some  have 
gone  to  the  length  of  forbidding  " treating"  and  other  simi- 
lar means  of  influencing  voters.  Some  limit  the  amount  of 
money  that  may  be  spent  by  a  candidate  or  his  friends  in  the 
conduct  of  his  campaign,  usually  specifying  the  purposes  for 
which  expenditures  may  be  made.  Thus  the  Connecticut 
and  New  York  laws  allow  expenditures  only  for  such  mat- 
ters as  the  rent  of  halls,  compensation  of  speakers  and  musi- 
cians, fireworks,  printing,  lithographs,  advertisements,  trav- 
eling expenses,  postage,  telegrams,  hiring  of  carriages  to  take 
voters  to  the  polls,  and  the  like.  A  few,  however,  prohibit 
the  hiring  of  carriages,  and  some  forbid  the  giving  away  of 
liquor  at  elections.  Some  states  require  candidates  to  make 
sworn  itemized  statements  of  the  expenditures  incurred 
by  them  on  account  of  the  election,  and  some  fix  the  maxi- 
mum amount  that  may  be  expended.  Thus  in  New  York  a 
candidate  for  governor  may  expend  only  $10,000  on  account 
of  his  candidacy;  candidates  for  other  state  officers  are 
permitted  to  spend  $6,000.  The  need  of  limitations  was 
illustrated  by  the  fact  that  the  Democratic  candidate  for 
governor  of  New  York  in  1906  spent  over  $256,000  in  the 
prosecution  of  his  candidacy,  and  a  candidate  for  state 
senator  spent  $30,000  to  secure  an  election.1  A  recent 
candidate  for  the  United  States  senate  in  a  Western  state 
admitted  that  his  aggregate  expenses  were  $107,000,  and 
another  testified  that  he  spent  $115,000  in  the  effort  to 
secure  an  election. 

^Fuller,  "Government  by  the  People,"  p.  150. 


142  SUFFRAGE  AND  ELECTIONS 

State  Contributions  to  Party  Campaign  Funds. — In  the 
belief  that  the  state  ought  to  bear  a  part  of  the  candidate's 
expenses,  to  the  end  that  the  poor  office  seeker  may  be  more 
nearly  on  an  equal  footing  with  the  candidate  of  means, 
Colorado  recently  passed  a  law  providing  that  the  state 
should  contribute  to  the  campaign  fund  of  each  political 
party  a  sum  of  money  equal  in  amount  to  twenty-five  cents 
for  every  vote  cast  by  the  party  for  governor  at  the  preced- 
ing election.  The  law  allowed  the  candidates  themselves 
to  spend  their  own  money  to  aid  in  their  election,  but  pro- 
hibited other  persons  or  corporations  from  making  contribu- 
tions. In  short,  the  expense  was  to  be  borne  by  the  state 
and  the  candidate  alone.  This  Colorado  law,  however,  was 
declared  unconstitutional  by  the  state  courts. 

Other  Restrictions. — In  some  states  also  the  expenditures 
of  party  committees  are  limited,  and  such  committees  are 
required  to  make  sworn  statements  of  their  expenditures 
and  the  purposes  for  which  they  were  made.  Several  states 
prohibit  the  payment  by  other  persons  of  a  voter's  poll 
tax  where  the  payment  of  such  a  tax  is  a  condition  to  the 
voting  privilege. 

Everywhere  there  are  laws  against  bribery,  intimida- 
tion, fraudulent  voting,  and  most  of  the  other  election 
offenses.  More  and  more,  public  sentiment  demands  that 
elections  shall  be  free  from  the  taint  of  corruption,  to  the 
end  that  the  results  shall  represent  the  real  choice  of  the 
people  and  thus  popular  government  made  to  be  what  its 
founders  intended  that  it  should  be. 

References. — BEARD,  American  Government  and  Politics,  pp.  453- 
457;  also  ch.  xxiii.  FULLER,  Government  by  the  People,  chs.  ii-vi, 
viii-xi.  GARNER,  Introduction  to  Political  Science,  ch.  xv.  HART, 
Actual  Government,  ch.  iv. 

Documentary  and  Illustrative  Material. — i.  Legislative  manual  or 


REFERENCES  143 

blue  book  of  the  state.     2.  The  election  laws  of  the  state.    3.   Copy 
of  instructions  to  voters.    4.   Specimen  ballots. 


RESEARCH  QUESTIONS 

1.  What  are  the  qualifications  for  voting  in  your  state? 

2.  When  were  women  first  allowed  to  vote  in  your  state? 

3.  Are  there  any  offices  in  your  state  held  by  women? 

4.  How  many  voters  are  there  in  your  state? 

5.  Is  there  a  registration  requirement? 

6.  Do  you  think  the  right  to  vote  should  be  restricted  to  persons 
who  are  able  to  read  and  write? 

7.  Give  the  date  on  which  state  elections  are  held  in  your  state; 
city  elections;  judicial  elections.    Why  should  national,  state,  and 
city  elections  be  held  on  different  dates? 

8.  Name  some  offices  in  your  state  now  filled  by  popular  election 
which  in  your  opinion  should  be  filled  by  appointment. 

9.  Who  are  the  election  officers  in  your  county? 

10.  What  is  the  usual  location  of  the  polling  place  in  your  ward  or 
precinct? 

11.  Explain  the  difference  between  a  "party  column"  and  an 
"office  column"  ballot.    Which  type  of  ballot  is  used  in  your  state? 
In  case  the  former  is  used  does  it  contain  a  party  circle  and  a  party 
symbol  at  the  head  of  each  column? 

12.  Procure  a  specimen  ballot  used  at  the  last  election  and  ex- 
plain how  to  mark  and  cast  it. 

13.  Are  voting  machines  used  in  your  state?   If  so,  where? 

14.  Is  there  a  law  in  your  state  against  the  improper  use  of  money 
in  elections?    Does  it  specify  the  purposes  for  which  campaign  ex- 
penditures may  be  made?    Are  candidates  required  to  make  sworn 
statements  of  their  election  expenses?    Are  there  any  limitations  on 
the  amount  a  candidate  is  allowed  to  spend? 

15.  Do  you  think  corporations  should  be  prohibited  from  making 
contributions  to  the  campaign  funds  of  political  parties? 


CHAPTER 

POLITICAL  PARTIES  AND  NOMINATING  METHODS 

Nature  and  Functions  of  Political  Parties. — Political  par- 
ties are  organized  by  groups  of  voters  for  the  purpose  of  pro- 
moting the  success  of  the  policies  in  which  they  believe,  and 
in  order  to  secure  the  nomination  and  election  of  public 
officials  who  are  in  sympathy  with  those  policies.  Men  dif- 
fer in  their  opinions  on  matters  of  government  as  they  do  on 
matters  of  religion,  and  hence  they  come  to  constitute  well 
differentiated  groups.  Whenever  such  a  group  becomes 
large  enough  to  prosecute  a  concerted  policy  and  organizes 
itself  for  the  purpose  of  furthering  its  views  in  governmental 
matters,  it  becomes  a  political  party.  A  political  party  is, 
therefore,  composed  of  voters  who  hold  substantially  the 
same  opinions  in  regard  to  certain  public  questions  or 
certain  principles  of  government.  It  is  a  purely  vol- 
untary organization,  however,  and  any  voter  may  decline 
to  ally  himself  with  any  party,  or,  having  done  so,  may 
change  to  another  party  whenever  he  wishes,  or  he 
may  unite  with  others  of  a  like  mind  and  form  a  new 
party.  While  men  can  probably  further  the  cause  of  good 
government  best  by  means  of  organization  and  concert  of 
action,  no  citizen  should  think  more  of  his  party  than  he 
does  of  his  country,  and  whenever  the  purposes  of  a  political 
party  are  prostituted  for  other  ends  than  the  public  good 
no  voter  should  feel  morally  bound  to  continue  his  support 
of  such  a  party. 


viii 


NATURE  AND  FUNCTIONS  OF  POLITICAL  PARTIES     145 

National  Parties. — Under  a  system  of  popular  government 
where  public  policies  are  determined  by  the  people  and 
public  officials  are  chosen  by  popular  election,  political 
parties  are  inevitable  if  not  essential.  Almost  from  the 
beginning,  therefore,  we  have  had  political  parties  in  this 
country,  each  believing  in  certain  policies  and  each  endeav- 
oring to  gain  control  of  the  government  in  order  to  carry 
out  those  policies.  For  the  promotion  of  policies  that  are 
national  in  character,  such  as  those  relating  to  the  tariff, 
the  currency,  or  the  foreign  policy  of  the  country,  national 
parties  have  been  formed  with  organizations  extending 
throughout  the  entire  country. 

Local  Parties. — For  the  most  part  the  organization  of 
the  national  parties  extends  downward  through  the  states 
and  their  local  subdivisions,  and  are  made  use  of  in  local 
as  well  as  in  national  elections.  As  the  issues  which  divide 
the  people  in  national  elections,  however,  are  not  always 
the  same  as  those  which  divide  them  in  state  and  local  elec- 
tions, we  sometimes  have  a  realignment  of  parties  in  local 
contests,  and  sometimes  new  parties  of  a  local  character 
are  organized.  This,  in  fact,  is  to  be  desired  for  the  reason 
that  issues  of  a  local  character  ought  not  to  be  determined 
with  reference  to  the  views  of  men  on  issues  of  a  national 
character.  It  is  wrong,  for  example,  for  Democrats  and 
Republicans  who  agree  upon  the  issues  involved  in  a  munic- 
ipal election  to  oppose  each  other  in  such  a  contest  merely 
because  they  do  not  agree  on  the  expediency  of  a  protective 
tariff  or  of  a  gold  standard  in  money  matters.  In  purely 
local  elections  national  party  lines  should  cut  no  figure; 
local  issues  should  be  judged  wholly  on  their  merits  without 
reference  to  national  questions. 

Existing  Political  Parties  in  the  United  States.— At  the 
present  time  there  are  two  great  political  parties  in  the 
Govt.  U.  S.— 10 


146     POLITICAL  PARTIES  AND  NOMINATING  METHODS 

United  States,  the  Democratic  party  and  the  Republican 
party,  each  with  an  organization  extending  to  every  part 
of  the  country,  and  together  including  the  great  majority 
of  the  voters. 

The  Democratic  Party. — In  a  general  way,  we  may  say 
that  the  Democratic  party  is  composed  of  men  who  believe 
that  the  sphere  of  the  national  government  should  not  bo 
extended  beyond  what  a  strict  interpretation  of  the  Federal 
Constitution  warrants;  that  the  rights  of  the  states  should 
be  interfered  with  as  little  as  possible;  and  that  the  ac- 
tivities of  government,  whether  national,  state,  or  local, 
should  be  kept  down  to  a  minimum  so  that  the  individual 
shall  be  allowed  the  largest  measure  of  freedom  consistent 
with  the  maintenance  of  order,  peace,  and  security.  This 
party  has  uniformly  opposed  a  protective  tariff,  ship  sub- 
sidies, imperialism,  and  the  extension  of  the  powers  of  the 
national  government  through  " constructions"  of  the  Con- 
stitution. On  the  money  question  the  party  has  not  always 
been  united,  though  for  the  most  part  it  has  opposed  the 
single  gold  standard  and  favored  a  bimetallic  standard 
coupled  with  the  free  coinage  of  silver  as  well  as  of  gold. 

The  Republican  Party  has  contended  for  a  liberal  inter- 
pretation of  the  Federal  Constitution,  especially  those 
parts  relating  to  the  powers  of  the  national  government, 
which  it  desires  to  see  extended;  it  has  shown  less  sympathy 
than  the  Democratic  party  for  the  rights  of  the  states;  it 
is  the  champion  of  the  protective  tariff,  of  internal  improve- 
ments under  federal  auspices,  of  colonial  expansion,  liberal 
pensions  for  soldiers  and  sailors  of  the  Civil  War,  of  sub- 
ventions for  the  merchant  marine,  negro  suffrage,  and  of 
a  gold  monetary  standard.  From  the  accession  of  the 
Republican  party  to  power  in  1860  with  the  election  of 
Abraham  Lincoln  as  President,  down  to  1913,  it  controlled 


EXISTING  POLITICAL  PARTIES  147 

the  executive  department  of  the  national  government  con- 
tinually with  the  exception  of  eight  years  when  Grover 
Cleveland  was  President  (1885-1889;  1893-1897).  Dur- 
ing most  of  that  period  it  controlled  Congress,  though  sev- 
eral times  the  Democratic  party  had  a  majority  in  one  or 
the  other  house  and  occasionally  for  a  short  time  it  was  in 
the  majority  in  both  houses. 

Some  state  governments  are  controlled  by  one  party, 
and  some  by  the  other.  Since  1875  the  Democratic  party 
has  usually  been  in  power  in  nearly  all  of  the  Southern 
states,  and  the  Republican  party  in  more  than  half  of  the 
other  states ;  but  in  some  states  control  often  shifts  from 
one  party  to  the  other. 

The  Progressive  Party  was  organized  in  1912  mainly  but 
not  wholly  by  those  members  of  the  Republican  party  who 
felt  that  this  party  was  not  sufficiently  progressive  in  its 
policies  and  that  it  attached  rather  too  much  importance  to 
the  interests  of  special  classes  and  too  little  to  the  rights  of 
the  masses  of  the  people.  First  of  all,  it  advocated  a  larger 
social  and  industrial  justice  for  men  and  women,  especially 
the  working  classes.  It  favored  national  jurisdiction  over 
such  matters  as  cannot  be  effectively  regulated  by  the 
states ;  public  ownership  of  forests,  coal  and  oil  lands,  and 
water  power ;  and  suffrage  for  women.  At  the  election  of 
1912  the  new  party  polled  a  total  vote  of  4,100,000  for  its 
presidential  candidate,  Theodore  Roosevelt;  but  a  few 
years  later  the  party  went  out  of  existence. 

The  Prohibition  Party. — Besides  the  Democratic,  Re- 
publican, and  Progressive  parties,  there  are  several  minor 
parties  with  organizations  of  a  national  character.  The 
oldest  of  these  is  the  Prohibition  party,  organized  in  1872 
to  promote  the  movement  for  the  abolition  of  the  manu- 
facture and  sale  of  intoxicating  liquors.  Since  its  organi- 


148      POLITICAL  PARTIES  AND  NOMINATING  METHODS 

zation,  it  has  regularly  nominated  candidates  for  President 
and  Vice  President  of  the  United  States,  and  in  many  states 
it  nominates  candidates  for  state  offices  and  for  the  legisla- 
ture. Not  infrequently  it  has  succeeded  in  electing  some 
of  its  candidates  to  the  legislature,  and  it  has  been  instru- 
mental in  securing  the  enactment  of  local  option  laws  and 
even  state- wide  prohibition  laws  in  several  states. 

The  Socialist  Labor  Party,  organized  in  1892,  advocates 
government  ownership  of  land,  railways,  telegraph  lines, 
and  other  means  of  production  and  transportation.  The 
Socialist  Party,  organized  in  1904  mainly  from  the  Socialist 
Labor  party,  advocates  essentially  the  same  views.  At  the 
election  of  1912  it  cast  about  900,000  votes  throughout  the 
country,  and  in  1916  about  600,000.  In  1919  a  large  section 
of  the  party,  composed  of  radicals  who  advocate  the  Bolshe- 
vist regime  of  government  by  the  working  class,  split  off  and 
formed  the  Communist  Party. 

Party  Organization. — Political  parties,  like  other  asso- 
ciations which  have  ends  to  promote,  must  have  organiza- 
tion. For  the  conduct  of  national  campaigns,  each  of  the 
parties  has  a  national  organization ;  for  state  purposes  there 
is  a  state  organization ;  and  usually  there  are  a  county  and 
a  district  organization.  The  characteristic  feature  of  party 
organization  is  the  use  which  is  made  of  committees.  The 
organization  everywhere  consists  of  a  committee,  at  the  head 
of  which  is  a  chairman,  and  which  has  also  a  treasurer  and 
usually  a  secretary.  The  chairman  is  usually  an  experienced 
political  leader ;  sometimes  he  is  at  the  same  time  an  office 
holder. 

The  Convention. — The  policies  of  the  party  are  formulated 
by  a  convention  which  is  a  representative  gathering  com- 
posed of  delegates  chosen  directly  by  the  members  of  the 
party  or  by  local  conventions.  The  national  convention, 


PARTY  ORGANIZATION  149 

to  be  described  hereafter,  is  composed  of  a  certain  number 
of  delegates  from  each  state,  while  the  state  convention  is 
composed  of  delegates  chosen  from  the  counties,  the  legis- 
lative districts,  or  other  units.  The  county  convention  is 
composed  of  delegates  from  the  districts  into  which  the 
county  is  divided,  and  the  city  convention  of  delegates 
from  the  wards  or  precincts.  This  is  the  usual  rule,  but 
here  and  there  are  variations.  The  state  convention  formu- 
lates the  principles  of  the  party  and  sets  them  forth  in  a 
document  called  the  platform;  it  nominates  the  candidates 
of  the  party,  except  in  those  states  where  they  are  nomi- 
nated by  a  direct  primary;  and  it  appoints  the  central 
committee,  selects  the  chairman,  and  transacts  such  other 
business  as  may  come  before  it.  It  is,  in  short,  the  supreme 
sovereign  authority  of  the  party  in  the  state.  It  is  usually 
a  large  body,  sometimes  comprising  1,000  or  more  dele- 
gates, and  in  Massachusetts  as  many  as  2,000. 

Committees. — The  committee  is  a  select  body  for  carrying 
on  the  campaign  and  attending  to  such  other  matters  as 
may  be  intrusted  to  it.  The  national  committee  is  com- 
posed of  one  member  from  each  state;  the  state  committee, 
usually  of  delegates  from  the  counties  or  legislative  dis- 
tricts. The  New  York  Republican  state  committee  is 
composed  of  one  delegate  from  each  congressional  district 
in  the  state,  while  the  Democratic  committee  consists  of 
one  delegate  from  each  of  the  fifty-one  senatorial  districts 
of  the  state.  Similarly,  the  county  committee  is  made  up 
of  delegates  representing  the  political  units  into  which  the 
county  is  divided,  towns,  precincts,  etc.  Sometimes  tfye 
county  committee  is  a  very  large  and  representative 
body.  The  Republican  committee  of  New  York  county  is 
made  up  of  about  700  delegates,  each  delegate  represent- 
ing 200  Republican  voters  in  the  county. 


150    POLITICAL  PARTIES  AND  NOMINATING  METHODS 

In  the  cities,  there  is  not  only  the  general  city  committee, 
but  also  a  local  committee  for  each  ward  or  precinct.  These 
ward  committees  come  into  close  relation  with  the  voters, 
and  the  success  of  the  party  depends  to  a  large  degree  upon 
their  activity. 

Primaries. — As  soon  as  political  parties  were  definitely 
formed  it  became  necessary  to  devise  some  sort  of  machinery 
for  selecting  the  candidates  which  the  party  desired  to  put 
forward.  In  the  beginning  candidates  for  local  offices  were 
presented  to  the  voters  upon  their  own  announcement  or 
by  a  caucus  (an  informal  meeting  of  the  leading  men  of 
the  party)  or  a  primary  (a  mass  meeting  of  the  members 
of  the  party).  In  time  the  caucus,  except  as  a  means  of 
selecting  candidates  for  offices  in  legislative  bodies,  fell 
into  disrepute,  and  the  method  of  nomination  by  a  conven- 
tion composed  of  delegates  representing  the  party  became 
the  accepted  method.  The  delegates  are  chosen  by  the 
members  of  the  party  at  an  election  called  a  primary,  &o 
called  because  it  is  the  first  or  original  meeting  of  the  party 
voters  in  the  process  of  choosing  public  officials. 

Former  Lack  of  State  Control. — The  calling  of  the  primary, 
the  manner  of  conducting  it,  and  the  fixing  of  the  party 
test,  that  is,  the  determination  of  who  may  take  part  in 
the  primary,  are  matters  which  for  a  long  time  were  regu- 
lated by  each  party  according  to  its  own  notions,  without 
interference  upon  the  part  of  the  state.  In  short,  it  was 
assumed  that  the  state  had  no  interest  in  the  manner  in 
which  political  parties  nominated  their  candidates,  and  it 
therefore  kept  its  hands  off.  The  control  of  the  primaries, 
particularly  in  the  more  populous  centers,  fell  into  the 
hands  of  a  small  number  of  political  leaders,  or  "bosses," 
who  virtually  dictated  the  nominations.  Sometimes  the 
primaries  were  held  at  times  or  places  unknown  to  the  bulk 


PRIMARIES  151 

of  the  members  of  the  party,  or  at  inaccessible  places,  or  in 
rooms  inadequate  to  accommodate  the  mass  of  the  voters. 
They  were  sometimes  packed  with  henchmen  of  certain 
candidates;  sometimes  large  numbers  of  the  voters  were 
kept  away  by  "sluggers"  or  were  intimidated  by  domineer- 
ing leaders;  sometimes  the  qualifications  for  participating  in 
the  primary  were  fixed  in  such  a  manner  as  to  exclude  the 
great  mass  of  the  voters.  Men  of  other  parties  were 
sometimes  brought  in  to  aid  in  effecting  the  nomination 
of  particular  candidates,  ballot  boxes  were  "stuffed"  or 
other  frauds  committed,  and  often  the  votes  were  fraudu- 
lently counted.  In  short,  the  abuses  became  so  intolerable 
as  to  create  a  widespread  demand  for  the  regulation  of 
primaries  by  law  so  that  the  results  might  more  truly  rep- 
resent the  real  opinions  of  the  members  of  the  party. 

State  Regulation  of  Primaries. — Accordingly,  one  state 
after  another  began  to  pass  laws  regulating  the  holding  of 
primaries,  on  the  ground  that  the  state  was  as  much  in- 
terested in  the  nomination  of  candidates  as  it  was  in  the 
election  of  those  nominated,  for  it  was  obvious  that  unless 
nominations  were  fairly  made  and  unless  the  candidates 
selected  really  represented  the  free  choice  of  the  people, 
popular  government  would  be  at  an  end,  since  in  many 
communities  a  nomination  was  equivalent  to  an  election. 
At  first,  the  laws  enacted  by  the  states  for  the  regulation 
of  primary  elections  were  simple,  and  were  designed  to 
prevent  only  a  few  of  the  worst  abuses  that  had  grown 
up.  They  usually  applied  only  to  the  large  cities,  and  in 
many  cases  they  were  optional  in  character,  that  is,  they 
applied  only  to  such  communities  as  chose  to  conduct  their 
primaries  in  accordance  with  the  laws  thus  passed.  Be- 
ginning about  1890,  however,  the  legislatures  here  and 
there  began  to  enact  state-wide  primary  laws  which  were 


152    POLITICAL  PARTIES  AND  NOMINATING  METHODS 

mandatory  upon  all  localities  and  all  parties,  and  applied 
to  nominations  for  the  great  bulk  of  the  offices  filled  by 
popular  election. 

Existing  Primary  Laws. — At  present  nearly  every  state 
has  a  law  regulating  in  some  way  the  holding  of  primary 
elections.  In  general,  these  laws  apply  to  every  organized 
political  party  that  cast  at  least  a  certain  number  of  votes 
at  the  preceding  election;  and  they  provide  that  the  pri- 
maries of  all  such  parties  shall  be  held  on  the  same  day  (in 
some  states  at  the  same  polling  places,  and  by  the  same 
officials  that  hold  the  regular  elections),  and  in  accordance 
with  the  rules  and  safeguards  governing  the  regular  elec- 
tions. They  fix  the  date  on  which  the  primaries  shall  be 
held  and  require  that  due  notice  shall  be  given  thereof; 
they  prescribe  the  manner  of  nominating  delegates  (and 
such  candidates  for  public  office  as  are  chosen  directly  by 
the  primaries);  they  provide  for  the  use  of  official  ballots 
printed  at  public  expense;  they  contain  provisions  in  re- 
gard to  the  organization  and  powers  of  the  party  commit- 
tees, and  in  general  they  regulate  everything  relating  to  the 
conduct  of  the  primaries  that  would  be  a  subject  of  regu- 
lation if  they  were  regular  elections. 

The  Party  Test. — One  of  the  most  difficult  problems  in 
the  enactment  of  legislation  concerning  the  primary  elec- 
tion is  how  to  prescribe  fairly  the  qualifications  that  must 
be  possessed  by  those  who  shall  be  allowed  to  participate 
in  the  primary.  It  is  often  embarrassing  and  disagreeable 
for  a  voter  when  he  appears  at  the  polls  to  cast  his  vote  to 
be  compelled  to  reveal  his  party  affiliation,  yet  unless  he  is 
required  to  do  so,  the  adherents  of  one  party  might  easily 
participate  in  the  primary  of  another  with  a  view  to  bringing 
about  the  nomination  of  its  weakest  candidates.  Thus  in 
a  Western  city  some  years  ago  where  the  primary  law  did 


EXISTING  PRIMARY  LAWS  153 

not  require  a  declaration  of  party  affiliation,  a  large  number 
of  the  members  of  one  party  entered  the  primary  of  the 
opposite  party  and  brought  about  the  nomination  of  their 
weakest  candidate  for  mayor,  and  thus  at  the  regular  elec- 
tion the  party  to  which  'the  "  invaders  "  belonged  was 
easily  able  to  defeat  him  with  its  own  candidate.  An 
"  open  "  primary  is  open  to  any  and  all  voters.  Most 
primary  laws,  however,  insist  upon  a  statement  by  the 
voter  of  his  party  affiliation  as  a  condition  to  participation 
in  the  primary,  which  is  therefore  called  a  "  closed " 
primary.  Usually  the  test  of  membership  is  that  the  voter 
must  have  affiliated  with  the  party  at  the  last  election,  and 
sometimes  he  must  pledge  himself  to  support  at  the  coming 
election  the  candidates  nominated  at  the  primary  of  the 
party  in  which  he  participates. 

As  a  closed  primary  is  an  election  by  the  members  of  a 
political  party,  independents,  or  those  who  are  not  adherents 
of  any  party,  are  not  allowed  to  participate.  This  discour- 
ages reform  movements  by  independent  voters,  but  there 
seems  to  be  no  way  to  remedy  the  matter.  Sometimes  an 
exception  is  made  in  the  primaries  for  the  nomination  of 
candidates  for  city  offices,  on  the  ground  that  party  lines 
should  not  be  strictly  drawn  in  local  contests  and  that  inde- 
pendent movements  should  be  encouraged. 

Nominations  by  Conventions. — Before  the  introduction 
of  the  method  of  nominating  candidates  by  the  direct 
primary,  to  be  described  hereafter,  the  universal  method 
of  nomination  was  by  convention,  and  this  is  still  the  pre- 
vailing method  in  many  states. 

Preliminary  Organization  of  a  Convention. — The  conven- 
tion, as  previously  stated,  is  composed  of  delegates  chosen 
at  a  primary  election.  The  date  and  place  of  holding  the 
convention  are  announced  by  the  party  committee  some 


154    POLITICAL  PARTIES  AND  NOMINATING  METHODS 

weeks  in  advance.  It  is  called  to  order  by  the  chairman  of 
the  committee,  after  which  a  temporary  chairman  of  the 
convention  is  elected,  and  not  infrequently  a  spirited  contest 
takes  place  over  the  election,  especially  when  there  is  likely 
to  be  a  struggle  for  the  nomination  of  the  principal  officers 
which  the  convention  has  been  called  to  nominate.  The 
temporary  chairman,  upon  taking  the  chair,  usually  de- 
livers an  address  in  which  he  extols  the  party  for  its  achieve- 
ments in  the  past,  after  which  usually  four  committees 
are  appointed:  one  on  organization,  one  on  rules,  one  on 
resolutions,  and  one  on  credentials. 

Convention  Committees. — Frequently  rival  delegations  ap- 
pear from  some  county  or  district,  and  the  convention  must 
decide  which  one  is  entitled  to  seats.  Questions  of  this 
kind  are  referred  to  the  committee  on  credentials,  which, 
after  hearing  both  sides,  reports  to  the  convention  recom- 
mending which  delegation  shall  be  seated,  and  the  recom- 
mendation of  the  committee  usually,  though  not  always, 
is  approved.  Sometimes,  however,  both  contesting  dele- 
gations are  seated,  each  delegate  being  allowed  half  a  vote. 

The  committee  on  rules  frames  the  rules  of  procedure 
by  which  the  business  of  the  convention  is  to  be  transacted; 
its  report  is  usually  adopted  without  alteration. 

The  committee  on  permanent  organization  proposes  the 
names  of  candidates  for  permanent  chairman,  secretary, 
and  such  other  officers  of  the  convention  as  may  be  needed. 
The  officers  suggested  by  this  committee  are  usually  elected, 
though  sometimes  the  convention  elects  a  different  ticket. 

The  chairman  of  the  committee  on  resolutions  presents 
a  draft  of  the  platform,  which  is  adopted  by  the  convention, 
usually,  though  not  always,  without  change. 

The  Nominations. — The  convention  is  now  ready  for  the 
chief  business  for  which  it  was  called,  namely,  the  nomina- 


NOMINATIONS  BY  CONVENTIONS  155 

tion  of  candidates  which  the  party  desires  to  put  forward 
for  the  offices  to  be  filled  at  the  coming  election.  The  names 
of  the  candidates  are  usually  presented  to  the  convention 
in  highly  eulogistic  speeches,  and  the  nominations  are  gener- 
ally seconded  by  one  or  more  delegates.  The  balloting  then 
proceeds  until  the  nominations  are  all  made.  Sometimes 
where  more  than  two  candidates  are  placed  in  nomination 
no  one  of  them  is  able  to  secure  a  majority,  and  a  "  deadlock  " 
ensues,  lasting  maybe  for  days  or  even  weeks,  and  ter- 
minated by  the  nomination  of  a  "dark  horse." 

Objections  to  the  Convention  Method. — When  deadlocks 
occur,  the  "dark  horse"  chosen  is  likely  to  be  an  inferior 
candidate.  Another  objection  to  the  method  of  nomination 
by  convention  is  that  the  nominations  are  frequently  deter- 
mined by  a  small  number  of  leaders  or  "bosses"  who  control 
the  convention,  and  thus  the  nominations  do  not  represent 
the  choice  of  the  party.  How  a  convention  may  be  thus 
controlled  by  a  few  politicians  is  thus  stated  by  a  careful 
writer  who  is  fully  conversant  with  party  methods:  1 

"The  program  of  the  convention,  in  practice,  is  almost  always  de- 
cided upon  down  to  the  minutest  detail,  before  the  convention  meets. 
The  party  leader,  or  '  boss,'  and  his  lieutenants  discuss  the  relative 
claims  of  candidates  and  decide  who  shall  be  nominated.  The  party 
platform  is  written  and  submitted  to  the  'boss '  for  his  approval.  The 
officers  of  the  convention  are  agreed  upon  and  their  speeches  revised. 
All  this  is  outside  the  law,  which  ignores  the  existence  of  the  party 
leader  and  assumes  that  the  delegates  are  free  to  exercise  their  own 
judgment.  The  real  interest  in  the  convention  is  usually  centered 
in  the  secret  conferences  of  the  leaders  which  precede  it  and  in  which 
the  contests  over  the  nominations  are  fought  out,  sometimes  with 
much  stubbornness.  The  'slate'  is  finally  made  up  by  agreement 
between  leaders  who  control  a  majority  of  the  delegates  in  the  con- 
vention. The  leaders  of  the  minority  may  either  surrender  or  they 

1  Fuller,  "Government  by  the  People,"  pp.  61-63. 


156    POLITICAL  PARTIES  AND  NOMINATING  METHODS 

may  register  their  protest  by  presenting  the  names  of  other  candidates 
in  the  convention  with  the  certainty  of  defeat,  for  it  is  rare  in  state 
conventions  that  there  is  so  equal  a  division  of  strength  as  to  leave 
the  result  in  doubt. 

"While  the  leaders  are  settling  what  the  convention  is  to  do,  the 
delegates  are  left  to  their  own  devices,  ignorant  of  what  is  going  on 
in  the  'headquarters'  where  the  leaders  are  assembled.  They  are 
not  consulted  and  their  advice  is  not  asked.  It  often  happens  that 
they  do  not  know  whom  they  are  to  nominate  until  they  hear  for  the 
first  time  in  the  convention  hall  the  names  of  the  candidates  agreed 
upon  by  the  leaders.  Although  the  law  gives  them  the  right  to  bring 
forward  the  names  of  other  candidates,  they  seldom  exercise  it,  and 
the  delegate  bold  enough  to  disobey  orders  is  regarded  with  disap- 
proval." 

Nomination  by  the  People :  the  Direct  Primary. — About 
1889,  because  of  growing  dissatisfaction  with  the  convention 
system,  some  of  the  states  began  to  experiment  with  the 
method  of  popular  nomination,  that  is,  direct  nomination 
by  the  primary  instead  of  by  convention.  Instead  of  calling 
on  the  voters  to  choose  delegates  to  a  convention  to  which 
the  task  of  nomination  was  intrusted,  they  were  now  called 
upon  to  vote  directly  for  the  candidates  themselves.  It 
was  said  that  if  the  voters  were  competent  to  choose  dele- 
gates to  a  convention  they  were  equally  competent  to 
select  the  candidates  themselves.  The  movement  for  the 
direct  primary,  as  it  was  called,  spread  rapidly  particu- 
larly in  the  South  and  West.  Thus  the  convention  has 
been  done  away  with  in  a  large  number  of  states  except 
where  it  is  still  retained  to  frame  platforms,  appoint  the 
central  committee,  and  select  delegates  to  the  national 
convention,  and  in  some  states  it  has  been  abolished  even 
for  these  purposes,  other  means  having  been  provided  for 
taking  care  of  these  matters. 

Objections. — The  direct  primary  has  been  criticized  be- 
cause under  it  candidates  for  state  offices  need  to  canvass 


NOMINATIONS  BY  CONVENTIONS  157 

the  entire  state  in  order  to  become  acquainted  with  the 
voters — a  task  which  requires  much  time  and  is  very  ex- 
pensive. Such  a  system,  it  is  argued,  gives  the  candidate 
of  leisure  and  wealth  a  decided  advantage  over  the  poor 
man  who  cannot  afford  the  large  expense  involved. 

The  direct  primary  method,  however,  has  given  general 
satisfaction  where  it  has  been  adopted. 

Nomination  by  Petition. — While  most  candidates  for  pub- 
lic office  are  nominated  by  the  recognized  political  par- 
ties, the  laws  of  many  states  allow  candidates  to  be  nom- 
inated also  by  petition  of  independent  voters.  The  pro- 
cedure of  nomination  by  petition  is  for  the  candidate  or  his 
friends  to  prepare  a  nomination  paper  or  petition  contain- 
ing the  title  of  the  office  to  be  rilled,  together  with  the  name 
and  residence  of  the  candidate,  get  a  certain  number  of 
voters  to  sign  it,  and  then  file  it  with  the  proper  election 
officer.  The  number  of  signatures  necessary  to  nominate 
varies  according  to  the  nature  of  the  office  to  be  filled  and 
the  population  of  the  district  or  territory  over  which  the 
jurisdiction  of  the  office  extends.  Thus  in  New  York  a 
petition  for  the  nomination  of  a  candidate  for  a  state  office 
must  contain  the  signatures  of  at  least  12,000  legal  voters 
(including  at  least  50  from  each  county),  while  in  Massa- 
chusetts 1,000  is  sufficient.  For  the  nomination  of  can- 
didates for  local  offices  the  number  of  petitioners  required 
is  smaller.  Thus  in  New  York  candidates  for  the  legis- 
lature may  be  nominated  by  500  voters;  in  Massachusetts 
candidates  for  local  offices  may  be  nominated  by  petitions 
signed  by  one  per  cent  of  the  number  of  voters. 

References. — BEARD,  American  Government  and  Politics,  chs.  vii, 
xxx.  BRYCE,  The  American  Commonwealth  (abridged  edition), 
ch.  xlv.  FULLER,  Government  by  the  People,  chs.  iv,  v,  xi.  HART, 
Actual  Government,  ch.  v.  MERRIAM,  Primary  Elections,  chs.  i,  v. 


158    POLITICAL  PARTIES  AND  NOMINATING  METHODS 

Documentary  and  Illustrative  Material. — i.  Legislative  manual  or 
blue  book  of  the  state.  2.  Copy  of  the  primary  election  law  of 
the  state.  3.  Democratic  and  Republican  campaign  textbooks. 
4.  Copies  of  party  platforms.  5.  Specimen  ballots.  6.  Copies  of  dele- 
gates' credentials,  nomination  certificates,  petitions,  etc. 

RESEARCH  QUESTIONS 

1.  Do  you  consider  political  parties  essential  under  a  system  of 
oopular  government?    Would  it  be  better  if  there  were  in  each  state 
of  the  Union  at  least  two  strong  political  parties  instead  of  one,  as  is 
virtually  the  case  in  some  of  the  Southern  states  as  well  as  in  some  of 
the  North? 

2.  Do  you  think  every  voter  ought  to  join  some  political  party  and 
support  its  candidates  and  policies?    Suppose  he  does  not  approve 
the  candidates  which  it  has  nominated  and  the  policies  which  it  has 
adopted,  what  should  he  do?    Ought  independent  voting  to  be  en- 
couraged?  If  so,  why? 

3.  How  many  votes  were  cast  by  the  Democratic  party  in  your 
state  for  governor  at  the  last  election?   How  many  by  the  Republican 
party? 

4.  How  is  the  state  central  committee  of  each  party  constituted  in 
your  state?    Who  are  the  members  from  your  county  or  district? 

5.  At  what  places  were  the  last  state  conventions  of  the  Demo- 
cratic and  Republican  parties  held  in  your  state?    How  many  dele- 
gates were  there  in  each? 

6.  How  are  municipal  officers  nominated  in  your  state? 

7.  Is  there  a  primary  law  in  your  state?    If  so,  what  are  its  provi- 
sions? 

8.  Has  the  method  of  nomination  by  direct  primary  been  intro- 
duced into  your  state?    If  so,  to  what  offices  does  it  apply?    How  are 
members  of  party  committees  selected?    What  test  does  the  primary 
law  of  your  state  provide  for  participation  in  the  primary?    Does  it 
permit  the  people  to  express  their  choice  for  United  States  senator? 
In  what  order  are  candidates  arranged  on  the  primary  ballot?    Did 
a  large  proportion  of  the  voters  take  part  in  the  last  primary  election? 
What  is  the  date  fixed  for  holding  the  primary? 

9.  Are  any  officers  nominated  in  your  state  by  conventions? 

10.  If  candidates  are  nominated  by  a  direct  primary  in  your  state, 
what  is  the  method  devised  for  preparing  the  platform  of  the  party? 


CHAPTER  IX 

* 

THE  ESTABLISHMENT  OF  THE  UNION 

The  Articles  of  Confederation. — The  Continental  Con- 
gress, which  managed  the  common  affairs  of  the  Union 
during  the  early  stages  of  the  Revolution,  was  a  body  whose 
authority  was  not  defined  by  any  constitution  or  funda- 
mental law.  It  assumed  large  powers  in  the  belief  that  the 
people,  relying  upon  its  patriotism  and  wisdom,  would 
acquiesce  in  its  acts.  As  yet,  however,  the  states  were 
not  closely  united,  and  each  was  free  to  go  its  own  way. 
As  time  passed,  the  advantages  of  union  became  more 
manifest,  and  the  states  began  to  recognize  the  desirability 
of  creating  a  common  government  with  larger  powers  and 
with  definite  authority.  After  a  debate  lasting  off  and  on 
for  more  than  a  year,  Congress  adopted  in  November,  1777, 
an  instrument  called  the  Articles  of  Confederation,  which 
was  to  go  into  effect  when  ratified  by  all  the  states. 

Ratification  of  the  Articles. — During  the  years  1778  and 
1779,  all  the  states  except  Maryland  ratified  the  Articles. 
Maryland  withheld  her  approval  because  she  doubted  the 
advantage  of  a  union  among  states,  some  of  which  held 
vast  territory  .in  the  West  while  some  did  not.  The  states 
claiming  lands  northwest  of  the  Ohio  River  were  Virginia, 
New  York,  Massachusetts,  and  Connecticut.  As  these 
lands  had  been  wrested  from  Great  Britain  while  that 
power  was  weakened  by  her  war  with  all  the  states,  Mary- 

159 


160  THE  ESTABLISHMENT  OF  THE  UNION 

land  insisted,  as  a  condition  to  her  adhesion,  that  the  states 
claiming  these  lands  should  surrender  them  to  the  nation 
for  the  benefit  of  all  the  states.  This  argument  appealed 
to  the  sense  of  patriotism  and  justice  of  the  states  claiming 
this  northwestern  territory,  and  in  the  course  of  the  next 
few  years  they  ceded  most  of  their  lands  to  the  United 
States  for  the  common  benefit.  When  it  became  certain 
that  this  would  be  done,  Maryland  ratified  the  Articles,  and 
the  Confederation  of  the  states  was  completed. 

Government  under  the  Articles. — The  Confederation 
thus  formed  was  styled  a  "firm  league  of  friendship  "  under 
the  name  of  "the  United  States  of  America,"  and  its  de- 
clared purpose  was  to  provide  for  the  common  defense  of 
the  states,  the  security  of  their  liberties,  and  their  mutual 
and  general  welfare.  To  secure  these  ends  the  states  bound 
themselves  to  assist  each  other  against  all  attacks  upon 
either  or  all  of  them,  upon  any  pretense  whatever. 

For  the  management  of  certain  affairs  common  to  the 
states  composing  the  Confederation,  the  Articles  provided 
for  an  annual  Congress  of  delegates  to  be  chosen  by  the 
states,  no  state  to  be  represented  by  less  than  two  members 
or  more  than  seven.  Unlike  the  Continental  Congress, 
the  Congress  of  the  Confederation  was  given  express  power 
to  deal  with  certain  affairs,  and  therefore  it  did  not  have 
to  assume  the  powers  it  exercised.  Among  these  were  the 
power  to  declare' war  and  make  peace;  to  send  and  receive 
diplomatic  representatives;  to  enter  into  treaties;  to  make 
rules  regarding  captures  on  the  high  seas;  to  grant  letters 
of  marque  and  reprisal;  to  settle  disputes  between  the 
states,  upon  petition  of  the  disputants;  to  regulate  the 
alloy  and  value  of  coin,  whether  struck  under  the  authority 
of  Congress  or  by  the  states;  to  fix  the  standard  of  weights 
and  measures  throughout  the  United  States;  to  regulate 


GOVERNMENT  UNDER  THE  ARTICLES  161 

trade  and  intercourse  with  the  Indians;  to  make  rules  for 
the  government  of  the  land  and  naval  forces;  to  estab- 
lish post  offices;  and  a  few  other  powers  of  a  like  char- 
acter. 

No  provision,  however,  was  made  for  an  executive  de- 
partment or  for  a  national  judiciary,  with  the  single  excep- 
tion of  a  court  of  appeal  in  cases  involving  captures  on  the 
high  seas  in  time  of  war. 

Prohibitions  on  the  States. — In  the  interest  of  the  general 
peace  and  security,  the  states  were  forbidden,  except  with 
the  consent  of  Congress,  to  send  diplomatic  representatives 
to  foreign  countries,  or  enter  into  treaties  or  alliances,  or 
levy  any  duties  on  articles  imported  from  abroad,  if  such 
duties  should  conflict  with  the  provisions  of  foreign  treaties; 
or  keep  ships  of  war  in  times  of  peace;  or  engage  in  war; 
or  grant  letters  of  marque  and  reprisal. 

Defects  of  the  Articles  of  Confederation.— Although  the 
Articles  of  Confederation  proved  of  great  value  in  securing 
concert  of  action  among  the  states  in  certain  matters,  the 
weaknesses  of  the  union  which  they  created  and  the  defects 
of  the  governmental  machinery  provided  by  them  soon 
proved  serious. 

The  States  Retained  too  Much  Power. — The  union  turned 
out  to  be  the  loosest  sort  of  a  league,  in  which  the  states 
for  the  most  part  did  as  they  pleased.  Each  retained  its 
own  sovereignty  and  could  not  be  compelled  to  perform 
its  obligations  as  a  member  of  the  Confederation.  Some 
of  them  deliberately  violated  the  treaty  of  peace  with 
Great  Britain,  and  the  Congress  was  unable  to  prevent 
such  infractions.  Congress  being  thus  powerless  to  carry 
out  the  stipulations  of  the  treaty,  Great  Britain  refused  to 
perform  her  obligations  thereunder.  Since  no  executive 
department  and  no  courts  were  created  to  enforce  and  ar> 
Govt.  U.  S.— ii 


162  THE  ESTABLISHMENT  OF  THE  UNION 

ply  the  laws  passed  by  Congress,  the  nation  had  to  depend 
upon  the  states  to  carry  out  its  will. 

The  Congress  was  not  well  Organized. — In  the  organiza- 
tion and  procedure  of  Congress  there  were  serious  defects. 
No  member  could  serve  for  more  than  three  years  in  six, 
and  each  state  paid  its  own  members  and  might  recall 
them  at  pleasure.  Thus  the  dependence  of  the  represen- 
tative upon  his  state  was  emphasized  and  his  character 
as  a  national  representative  minimized.  Worse  than  this 
was  the  provision  that  allowed  each  state,  regardless  of 
its  population  and  size,  but  one  vote  in  Congress.  Thus 
Georgia  with  a  population  of  only  a  few  thousand  souls 
enjoyed  the  same  power  in  all  matters  of  national  legislation 
that  Virginia  did,  although  the  population  of  Virginia  was 
some  sixteen  times  as  great.  Still  another  serious  weakness 
was  the  rule  which  required  the  assent  of  nine  states  to 
pass  any  important  bill,  such  as  those  for  borrowing  or 
appropriating  money,  issuing  bills  of  credit,  declaring  war, 
entering  into  treaties,  coining  money,  building  war  ships, 
raising  military  forces,  selecting  commanders,  and  the  like. 
As  it  was  frequently  impossible  to  secure  the  concur- 
rence of  so  large  a  proportion  of  the  states,  needed  legis- 
lation was  often  prevented  by  the  opposition  of  a  few  mem- 
bers or  by  the  lack  of  a  quorum.  Thus  in  April,  1783,  there 
were  present  only  twenty-five  members  from  eleven  states, 
nine  being  represented  by  only  two  members  each.  It 
would  have  been  possible,  therefore,  for  three  members  to 
defeat  any  important  measure.1 

Congress  had  No  Power  of  Taxation. — Not  only  were  the 

defects  in  the  organization  and  procedure  of  Congress  of  a 

serious  character,  but  the  powers  conferred  upon  it  by 

the  Articles  of  Confederation  were  so  meager  that  its  au- 

1  Andrews,  "Manual  of  the  Constitution,"  p.  38. 


DEFECTS  OF  THE  ARTICLES  163 

thority  was  little  more  than  a  shadow  and  carried  little 
weight.  One  of  the  essential  powers  of  government  is  that 
of  taxation,  yet  the  Congress  had  no  authority  to  impose 
a  dollar  of  taxes  on  any  individual  in  the  land.  Money 
was  needed  to  pay  the  soldiers  who  were  fighting  the  battles 
of  the  country,  to  pay  the  salaries  and  expenses  of  diplo- 
matic representatives  who  had  been  sent  to  Europe  to 
negotiate  treaties  and  solicit  the  aid  of  foreign  friends,  to 
pay  interest  on  loans  incurred  in  France  and  Holland,  to 
defray  the  cost  of  building  war  ships  and  equipping  the 
army,  and  to  meet  the  various  other  expenses  which  every 
government  must  needs  incur,  yet  the  government  of  the 
Confederation  was  powerless  to  raise  the  necessary  funds 
by  taxation.  In  the  absence  of  all  power  to  levy  and  collect 
taxes,  Congress  adopted  the  policy  of  apportioning  the 
national  expenses  among  the  states.  But  no  state  could  be 
compelled  to  contribute  a  dollar  toward  its  quota;  some 
of  them  in  fact  contributed  little/and  most  of  those  which 
did  respond  to  the  appeal  of  Congress  did  so  grudgingly 
and  tardily.  Of  the  $15,000,000  apportioned  among  the 
states  between  1781  and  1786  less  than  $2,000,000  was 
actually  paid  in.  Often  there  was  not  a  dollar  in  the  treasury 
of  the  Confederation  to  pay  the  obligations  of  the  govern- 
ment. 

Two  attempts  were  made  to  amend  the  Articles  of  Con- 
federation so  as  to  give  Congress  power  to  levy  a  five  per 
cent  tariff  duty  on  imported  goods,  but  since  it  required  the 
assent  of  each  of  the  thirteen  states  to  adopt  an  amendment, 
the  scheme  fell  through,  in  both  cases  on  account  of  the 
opposition  of  a  single  state. 

Congress  had  No  Power  to  Regulate  Commerce,  either  with 
foreign  countries  or  among  the  states  themselves.  This 
was  a  serious  defect.  Each  state  had  its  own  tariff  sys- 


164  THE  ESTABLISHMENT  OF  THE  UNION 

tern  and  its  own  customhouses,  and  collected  its  own 
duties  on  goods  brought  into  its  ports  from  abroad.  As 
each  state  was  anxious  to  exploit  this  source  of  revenue  for 
itself,  it  naturally  framed  its  tariff  regulations  and  tonnage 
laws  in  such  a  way  as  to  attract  foreign  commerce  to  its 
own  ports.  And  so  it  was  with  regard  to  commerce  among 
the  states  themselves.  Each  framed  its  trade  regulations 
with  its  neighbors  according  to  its  own  selfish  interests  and 
without  regard  to  the  general  good.  The  result  was  con- 
tinual jealousies,  dissensions,  and  sometimes  reprisals  and 
retaliations.  New  York  levied  an  import  duty  on  certain 
articles  brought  in  from  its  less  fortunate  neighbors,  Con- 
necticut and  New'  Jersey,  and  each  in  turn  retaliated  as 
best  it  could.  For  purposes  of  foreign  and  interstate  com- 
merce, each  state  was  a  nation  itself,  and  the  Confederation 
was  a  nonentity. 

The  Annapolis  Convention. — The  worst  evils  described 
above  reached  a  climax  in  1786,  and  the  political  leaders  of 
America  such  as  Hamilton  and  Washington  were  convinced 
that  the  government  of  the  Confederation  must  either  be 
revised  or  superseded  entirely  by  a  new  system.  In  Sep- 
tember, 1786,  there  assembled  at  Annapolis,  Maryland,  a 
convention  of  delegates  from  five  states,  namely,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  and  Virginia,  called 
at  the  instance  of  the  legislature  of  Virginia  to  take  into 
consideration  the  subject  of  uniform  trade  regulation  among 
the  states,  the  lack  of  which  had  come  to  be  one  of  the  chief 
evils  of  the  Confederation.  So  few  states  were  represented 
that  the  convention  decided  not  to  enter  upon  the  business 
for  which  it  had  been  called,  but  instead  determined  to  put 
forth  an  effort  to  bring  about  the  assembling  of  a  convention 
representing  all  the  states  and  empowered  to  take  into 
consideration  the  question  of  a  general  revision  of  the  Arti- 


THE  ANNAPOLIS  CONVENTION  165 

cles  of  Confederation  so  as  to  render  them  more  adequate 
to  the  needs  of  the  nation.  Accordingly,  a  resolution  pre- 
pared by  Alexander  Hamilton,  one  of  the  delegates  from 
New  York,  was  adopted,  calling  on  the  states  to  appoint 
delegates  to  a  convention  to  be  held  at  Philadelphia  on  the 
second  Monday  in  May  next,  for  the  purpose  of  revising 
the  Articles  of  Confederation. 

The  Constitutional  Convention  of  1787;  Personnel. — In 
pursuance  of  this  resolution,  all  the  states  except  Rhode 
Island  promptly  appointed  delegates,  the  failure  of  Rhode 
Island  being  due  to  her  satisfaction  with  the  Confederation, 
under  which  she  enjoyed  larger  commercial  advantages 
than  she  could  hope  to  enjoy  if  the  Articles  were  amended 
so  as  to  take  away  from  the  states  their  control  over  com- 
merce. Altogether  fifty-five  members  sat  in  the  convention 
at  one  time  or  another,  though  only  thirty-nine  signed  the 
Constitution.  From  Virginia  came  George  Washington, 
Edmund  Randolph,  and  James  Madison;  from  Massa- 
chusetts, Rufus  King  and  Elbridge  Gerry;  from  Connecti- 
cut, William  Samuel  Johnson  and  Roger  Sherman;  from 
New  Hampshire,  John  Langdon;  from  New  York,  Alex- 
ander Hamilton;  from  New  Jersey,  William  Livingston  and 
William  Paterson;  from  Pennsylvania,  Benjamin  Frank- 
lin, Robert  and  Gouverneur  Morris,  Jared  Ingersoll,  and 
James  Wilson;  from  Delaware,  John  Dickinson;  and  from 
South  Carolina,  John  Rutledge,  Charles  Pinckney,  and 
Charles  Cotesworth  Pinckney.  Some  of  the  delegates,  as 
Benjamin  Franklin,  had  been  members  of  the  Albany  Con- 
gress as  far  back  as  1754;  some  had  been  members  of  the 
Stamp  Act  Congress  of  1765 ;  most  of  them  had  served  in  the 
Continental  or  Confederation  Congresses;  and  a  number 
of  them  were  signers  of  the  Declaration  of  Independence. 
A  great  many  of  them  had  served  in  the  legislatures  of  their 


166  THE  ESTABLISHMENT  OF  THE  UNION 

states,  and  of  the  whole  number  there  was  not  one  who  had 
not  had  some  legislative  experience. 

The  Work  of  the  Convention  of  1787.— When  the  con- 
vention had  been  duly  organized,  "plans"  of  a  proposed 
constitution  were  submitted  by  the  delegations  of  several 
states,  and  these  became  the  bases  of  the  discussion  which 
followed. 

The  Virginia  Plan.— The  plan  submitted  by  the  Virginia 
delegation  represented  the  views  of  delegates  from  the 
larger  and  more  populous  states,  and  the  Constitution  as 
finally  adopted  embodied  more  largely  the  features  of  this 
plan  than  those  of  any  other.  The  most  important  resolu- 
tion of  this  plan  was  that  a  national  government  ought  to  be 
established  consisting  of  a  supreme  legislative,  judiciary, 
and  executive.  This  resolution,  adopted  in  committee  of 
the  whole,  went  directly  to  the  root  of  the  chief  evil  of 
the  existing  system,  which  contained  no  provision  for  an 
executive  or  a  judicial  department.  It  recognized  also  what 
has  come  to  be  a  fundamental  doctrine  of  American  poli- 
tical science,  namely,  the  separation  of  the  legislative,  exe- 
cutive, and  judicial  functions. 

The  New  Jersey  Plan. — The  views  of  delegates  from  the 
small  states  were  embodied  in  the  New  Jersey  plan,  which 
was  laid  before  the  convention  by  William  Paterson.  In 
general,  the  New  Jersey  plan  provided  for  the  retention  of 
the  principal  features  of  the  existing  system,  except  that 
it  proposed  to  enlarge  the  powers  of  Congress  so  as  to  make 
its  authority  more  effective.  This  was  all,  in  the  judgment 
of  the  small  states,  that  was  necessary  to  remove  the  exist- 
ing evils. 

The  Problem  of  Representation  in  Congress. — The  conven- 
tion without  much  discussion  decided  that  Congress  should 
consist  of  two  chambers  or  houses  instead  of  one  as  was 


WORK  OF  THE  CONVENTION  OF  1787  167 

the  case  under  the  Articles  of  Confederation.  This  done, 
the  next  problem  was  to  determine  the  basis  of  representa- 
tion in  each.  This  proved  to  be  one  of  the  most  difficult 
tasks  of  the  convention.  The  delegates  from  the  large 
states  insisted  that  representation  in  both  houses  should  be 
based  on  population,  so  that  a  state  such  as  Virginia  with 
sixteen  times  the  population  of  Georgia  should  have  sixteen 
times  as  many  representatives  in  Congress.  But  to  this 
system  of  proportional  representation,  the  delegates  from 
the  small  states  objected.  They  maintained  that  the  im- 
portance of  a  state  was  not  to  be  measured  by  its  popula- 
tion; that  the  states  were  sovereign  political  entities,  and 
when  it  came  to  participation  in  the  government  of  the  na- 
tion they  were  all  equal,  large  and  small  alike.  There  was 
no  more  reason,  said  a  delegate  from  one  of  the  small  states, 
why  a  large  state  should  have  more  representation  in  Con- 
gress than  that  a  large  man  should  have  more  votes  than 
a  small  man.  For  a  time  the  differences  seemed  irrecon- 
cilable, and  more  than  once  it  looked  as  if  the  convention 
would  be  disrupted  on  this  question.  The  spirit  of  com- 
promise triumphed,  however,  and  it  was  finally  agreed  that 
the  states  should  be  represented  equally  in  the  senate  but 
in  proportion  to  their  population  in  the  house  of  repre- 
sentatives. As  a  result  of  this  rule,  Nevada  to-day  with 
a  population  of  less  than  100,000  sends  the  same  number  of 
senators  to  Washington  as  does  New  York  with  a  popula- 
tion of  some  10,000,000  souls.  New  York,  on  the  other 
hand,  sends  forty-three  representatives  to  Congress  while 
Nevada  sends  but  one.  This  was  the  first  great  compromise 
of  the  Constitution. 

The  Question  of  Counting  the  Slaves. — The  next  problem, 
which  was  almost  equally  difficult  and  which  likewise  had 
to  be  settled  by  compromise,  was  the  question  of  whether 


168  THE  ESTABLISHMENT  OF  THE  UNION 

the  slaves  should  be  counted  in  determining  the  population 
of  the  state  for  purposes  of  representation.  The  delegates 
from  the  Southern  states  argued  that  slaves  were  an  im- 
portant factor  in  contributing  to  the  wealth  and  power  of 
the  country  and  should,  therefore,  be  counted  for  purposes 
of  representation.  To  this  argument  the  delegates  from 
the  Northern  states,  where  the  slave  population  was  in- 
considerable, objected  on  the  ground  that  the  slaves  at 
law  were  treated  merely  as  property  and  were  not  allowed 
to  vote  in  the  states  where  they  resided.  The  discussion 
over  this  question  was  long  and  at  times  exciting,  but  finally 
a  compromise  was  reached  by  which  it  was  agreed  that  in 
determining  the  population  for  purposes  of  representation, 
all  the  white  population  but  only  three  fifths  of  the  slaves 
should  be  counted.  At  the  same  time  it  was  decided  that 
direct  taxes  among  the  states  should  be  apportioned  on  the 
same  basis.  This  compromise  was  favorable  to  the  slave 
states  in  that  it  gave  them  an  increased  number  of  rep- 
resentatives, but  it  was  unfavorable  in  that  it  increased 
their  proportion  of  direct  taxes.  This  is  known  as  the 
three-fifths  compromise. 

Federal  Regulation  of  Commerce. — Another  question  which 
became  the  subject  of  heated  discussion  related  to  the  na- 
tional control  of  commerce.  The  Northern  states  wished 
Congress  to  be  given  the  power  to  regulate  commerce, 
but  the  Southern  states,  which  at  the  tune  furnished  the 
principal  articles  of  export,  feared  that  the  power  might  be 
employed  in  such  a  manner  as  to  injure  their  commerce, 
and  might  also  be  used  to  prohibit  the  slave  trade  and  thus 
prevent  the  Southern  planters  from  stocking  their  farms 
with  laborers.  They  accordingly  insisted  that  Congress 
should  be  expressly  prohibited  from  interfering  with  the  im- 
portation of  slaves,  and  that  it  should  be  allowed  to  pass  nav- 


WORK  OF  THE  CONVENTION  OF  1787  169 

igation  acts  only  by  a  two-thirds  majority  of  both  houses. 
Tne  whole  matter  was  finally  settled  by  a  compromise 
which  forbade  Congress  to  interfere  with  the  importation 
of  slaves  before  the  year  1808,  but  which  allowed  it  to  pass 
laws  by  a  majority  vote  for  the  regulation  of  commerce. 
This  was  the  last  great  compromise  of  the  Constitution. 

Other  Compromises. — Many  other  questions  were  settled 
on  the  basis  of  compromise,  though  none  of  them  occasioned 
so  much  discussion  as  the  three  mentioned  above.  Some 
have  regretted  that  such  compromises  as  that  which  allows 
the  states  equality  of  representation  in  the  senate,  as  well  as 
the  one  which  allowed  representation  on  the  basis  of  the 
slave  population,  should  have  ever  found  their  way  into  the 
Constitution;  but  it  is  certain  that  without  these  com- 
promises the  Constitution  could  never  have  been  adopted. 

After  the  settlement  of  the  questions  mentioned  above, 
the  work  of  framing  the  Constitution  proceeded  with  less 
difficulty.  Finally,  on  September  17,  the  completed  draft 
was  signed  by  thirty-nine  delegates,  after  which  the  con- 
vention adjourned.  A  few  were  absent  and  did  not  sign 
for  that  reason;  others,  such  as  Gerry  of  Massachusetts  and 
Mason  of  Virginia,  disapproved  of  the  Constitution  and  re- 
fused to  attach  their  signatures. 

Ratification  of  the  Constitution. — Before  adjourning,  the 
convention  resolved  to  send  the  draft  of  the  Constitution 
to  Congress  with  the  request  that  it  should  transmit  the 
instrument  to  the  legislatures  of  the  several  states  and  that 
these  in  turn  should  submit  it  to  conventions  for  ratifica- 
tion. It  was  agreed,  moreover,  that  when  it  should  have 
been  ratified  by  conventions  in  nine  states  it  should  go  into 
effect  between  the  states  so  ratifying. 

Opposition  to  the  Constitution. — As  soon  as  the  text  of 
the  Constitution  was  made  known  to  the  people  of  the 


1 70  THE  ESTABLISHMENT  OF  THE  UNION 

states,  a  flood  of  criticism  was  turned  loose  on  it  from  al- 
most every  part  of  the  country.  Those  who  approved  the 
Constitution  and  favored  its  ratification  were  called  Feder- 
alists; those  who  opposed  it  were  called  Anti-Federalists. 
The  principal  grounds  of  opposition  were  that  in  providing 
for  a  national  government  with  extensive  powers  the  Con- 
stitution had  sacrificed,  to  a  large  degree,  the  rights  of  the 
states;  that  such  a. government  would  prove  dangerous  to 
the  liberties  of  the  people;  that  the  President  for  which 
the  Constitution  provided  might  become  a  dictator  and  a 
tyrant;  that  the  senate  would  be  an  oligarchy;  and  that  the 
Federal  Constitution,  unlike  those  of  the  states,  contained 
no  bill  of  rights  for  the  protection  of  the  people  against  gov- 
ernmental encroachment  upon  their  inherent  rights  such  as 
freedom  of  speech,  freedom  of  press,  freedom  of  religious 
worship,  freedom  of  assembly,  and  the  like.  The  last  men- 
tioned objection  was  removed  by  the  assurance  on  the  part 
of  the  friends  of  the  Constitution  that  in  the  event  of  rati- 
fication they  would  endeavor  to  have  the  Constitution 
amended  at  the  earliest  opportunity  in  such  a  way  as  to 
provide  proper  safeguards  for  the  security  of  these  rights, 
a  promise  which  was  carried  out  soon  after  the  new  govern- 
ment went  into  effect,  by  the  adoption  of  the  first  ten 
amendments. 

Ratification  by  the  States. — The  first  state  to  ratify  the 
'Constitution  was  Delaware,  one  of  the  small  states  whose 
delegates  in  the  Philadelphia  convention  had  been  strongly 
opposed  to  changing  the  existing  system.  This  state  rati- 
fied on  December  6,  1787,  without  a  dissenting  vote.  Its 
action  was  shortly  fallowed  by  Pennsylvania,  New  Jersey, 
Georgia,  and  Connecticut,  the  last  three  of  which  were 
small  states  whose  delegates  in  the  Philadelphia  convention 
had  ako  been  in  the  opposition.  In  Pennsylvania,  however, 


RATIFICATION  OF  THE  CONSTITUTION  171 

the  Constitution  was  ratified  with  less  unanimity  and  only 
after  a  fierce  struggle  in  which  the  Anti-Federalists  at- 
tacked almost  every  part  of  it.  Massachusetts  was  the 
next  to  ratify,  although  by  a  narrow  majority,  many  of  the 
leading  citizens  being  opposed  or  indifferent.  Maryland 
and  South  Carolina  followed,  and  finally  the  favorable 
action  of  New  Hampshire  on  June  21,  1788,  insured  its 
success,  since  nine  states  had  now  ratified  and  the  Con- 
stitution could  be  put  into  effect  between  the  states  that 
had  so  ratified.  Four  days  later,  before  news  of  the  ratifi- 
cation of  New  Hampshire  was  received,  Virginia  fell  in 
line  and  ratified,  in  spite  of  the  powerful  opposition  of 
Patrick  Henry,  Mason,  Lee,  and  others. 

Attention  was  now  turned  to  New  York,  where  the  op- 
ponents of  the  Constitution  were  believed  to  be  in  the 
majority.  Geographically,  New  York  was  like  a  wedge 
which  divided  the  Union  into  two  parts,  and  hence  its  ad- 
hesion was  especially  desirable.  Because  of  its  favorable 
commercial  position,  the  state  enjoyed  great  advantages  un- 
der the  Articles  of  Confederation,  since  it  could  collect  and 
turn  into  its  own  treasury  the  duties  on  all  articles  coming 
into  its  ports  from  abroad — a  privilege  of  which  it  would 
be  deprived  under  the  Constitution.  There  was  good  rea- 
son, therefore,  why  it  should  hesitate  to  exchange  its 
position  for  one  less  favorable.  When  the  state  conven- 
tion assembled  to  take  action  on  the  Constitution,  it  was 
found  that  about  two  thirds  of  the  members  were  at  first 
opposed  to  ratification.  Among  the  friends  of  the  Consti- 
tution, however,  was  Alexander  Hamilton,  whose  powerful 
argument  prevailed,  and  the  Constitution  was  ratified  by 
a  majority  of  three  votes. 

Rhode  Island,  like  New  York,  enjoyed  a  favorable  posi- 
tion under  the  Articles  of  Confederation,  and  was  not  in 


172  THE  ESTABLISHMENT  OF  THE  UNION 

sympathy ,  with  the  Constitution.  She  refused  to  ratify 
and  remained  out  of  the  Union  until  May,  1790,  more  than 
a  year  after  the  Constitution  had  gone  into  effect.  North 
Carolina  likewise  refused  to  ratify  until  November,  1789. 

The  Constitution  Goes  into  Effect. — When  the  ratification 
of  the  Constitution  had  been  assured,  the  old  Congress  of 
the  Confederation  enacted  that  the  new  government  should 
go  into  effect  on  March  4,  1789.  In  the  meantime  senators 
and  representatives  were  elected  as  the  first  members  of 
the  new  Congress,  and  George  Washington  was  chosen 
President.  Thus  the  old  Confederation  passed  away  and 
the  new  Republic  entered  upon  its  great  career. 

The  System  of  Government  Created. — The  government 
created  by  the  Constitution  is  federal  in  character;  that  is, 
it  consists  of  a  system  of  national  and  state  government 
under  a  common  sovereignty.  It  is  a  republic  as  contra- 
distinguished from  such  a  limited  monarchy  as  the  British ; 
that  is,  it  is  a  government  having  a  popularly  elected  execu- 
tive rather  than  a  titular  executive  who  holds  his  office  foi 
life  by  hereditary  tenure,  who  is  politically  irresponsible! 
and  who  governs  through  ministers  who  are  responsible  to 
the  Parliament  for  his  acts.  It  is  also  distinguished  from 
confederate  government  or  that  form  in  which  the  states 
are  practically  sovereign  and  in  which  the  general  govern- 
ment is  nothing  but  the  agent  of  the  states  for  the  care  of  a 
very  few  things  of  common  concern,  such  as  defense  against 
foreign  aggression.  Finally,  the  American  system  is  one  of 
popular  rather  than  of  aristocratic  government,  that  is, 
it  is  government  by  the  masses  of  the  people  instead  of 
government  by  the  favored  few. 

References. — ANDREWS,  Manual  of  the  Constitution,  ch.  ii.  BEARD, 
American  Government  and  Politics,  ch.  iii.  BRYCE,  The  American 
Commonwealth  (abridged  edition),  ch.  ii.  FISKE,  Critical  Period  of 


RESEARCH  QUESTIONS  173 

American  History,  chs.  vi-vii.    HINSDALE,  American  Government, 
chs.  vii-xi. 

Documentary  Material. — i.  The  Articles  of  Confederation.    2.  The 
Constitution. 

RESEARCH  QUESTIONS 

1.  Trace  the  steps  leading  up  to  the  meeting  of  the  convention 
which  framed  the  Constitution. 

2.  How  were  the  delegates  to  the  convention  chosen  ?    What,  in 
general,  was  the  nature  of  their  instructions  ?    Who  was  the  oldest 
delegate  ?     the  youngest  ?     the  most  distinguished  ?    Who  of  them 
were  signers  of  the  Declaration  of  Independence?    Who  acted  as 
president  of  the  convention  ? 

3.  Name  the  members  of  the  convention  who  refused  to  sign  the 
Constitution. 

4.  Why  did  Hamilton,  the  author  of  the  resolution  calling  the 
convention,  take  so  little  part  in  the  work  of  making  the  Constitu- 
tion? 

5.  Why  did  not  New  York  send  its  ablest  men  to  the  convention  ? 

6.  Did  the  convention  organize  itself  into  committees  for  the  trans- 
action of  business  ? 

7.  What  was  the  attitude  of  some  of  the  delegates  from  the  East- 
ern states  toward  the  West  ? 

8.  In  general,  what  part  of  the  country  was  in  favor  of  the  Con- 
stitution and  what  part  opposed  ? 

9.  What  were  some  of  the  objections  urged  against  its  adoption  ? 

10.  Why  was  the  Constitution  not  submitted  to  a  direct  vote  oi 
the  people  as  is  the  custom  with  state  constitutions  ? 

11.  When  the  draft  of  the  completed  Constitution  was  laid  before 
the  Congress  of  the  Confederation,  did  that  body  make  any  changes 
in  it  before  submitting  it  to  the  states  ? 

12.  Might  North  Carolina  and  Rhode  Island  have  remained  per- 
manently out  of  the  Union  ?     If  so,  what  would  have  been  their 
status  ? 

13.  Do  you  think  the  time  has  come  when  the  best  interests  of  the 
country  require  a  new  Constitution  ?    What  is  your  opinion  of  the 
proposition  that  the  country  has  outgrown  the  Constitution  ? 

14.  What,  in  the  light  of  more  than  a  century's  experience,  do  you 
consider  some  of  the  defects  of  the  Constitution  ? 


CHAPTER  X 
THE  TWO  HOUSES  OF  CONGRESS 

The  House  of  Representatives. — The  Constitution  pro- 
vides that  the  national  house  of  representatives — the  lower 
house  of  Congress — shall  consist  of  members  chosen  every 
second  year  by  popular  election.  Under  the  Articles  of  Con- 
federation members  of  the  old  Congress  were  chosen  an- 
nually, but  that  term  was  too  short  to  enable  them  to  acquire 
that  familiarity  with  their  duties  which  is  essential  to  effi- 
cient legislation.  The  term  of  a  representative  begins  on  the 
4th  of  March  in  the  odd-numbered  years,  though  Congress 
does  not  meet  until  the  first  Monday  in  December  following, 
unless  the  President  calls  it  together  in  extraordinary  ses- 
sion earlier. 

Sessions  of  Congress. — There  are  two  regular  sessions 
of  every  Congress;  the  long  session  which  begins  on  the  first 
Monday  in  December  of  the  odd-numbered  years  and  lasts 
until  some  time  in  the  following  spring  or  summer;  and  the 
short  session  which  begins  on  the  same  date  in  the  even-num- 
bered years  and  lasts  until  the  4th  of  March  following,  when 
the  terms  of  all  representatives  expire.  Each  Congress  is 
numbered,  beginning  with  the  first,  which  began  March  4th, 
1789.  The  sixty-seventh  Congress  began  March  4,  1921, 
and  will  end  March  4,  1923.  Extraordinary  sessions  are 
sometimes  called  by  the  President  to  consider  matters  of 
special  importance  which  need  to  be  acted  upon  before 
the  meeting  of  the  regular  session.  From  1789  to  1921 
there  were  only  nineteen  such  sessions,  the  last  being  that 

174 


4  SESSIONS  OF  CONGRESS  175 

called  by  President  Harding  to  meet  in  April,  1921,  to  con- 
sider tariff  and  revenue  measures  and  readjustment  of  in- 
ternational relationships. 

Number  and  Apportionment  of  Representatives. — The 
Constitution  provided  that  the  first  house  of  representa- 
tives should  consist  of  sixty-five  members,  but  that  as 
soon  as  a  census  of  the  inhabitants  should  be  taken  the  num- 
ber was  to  be  apportioned  among  the  several  states  on  the 
basis  of  population,  not  exceeding  one  for  every  30,000  of 
the  inhabitants.  After  each  decennial  census  is  taken  a 
new  apportionment  is  made  by  Congress  on  the  basis  of  the 
new  population.  The  total  number  of  representatives  at 
present  is  43  5, 1  being  in  the  proportion  of  one  member 
for  every  211,877  inhabitants,  which  is  known  as  the 
congressional  ratio.  The  largest  number  from  any  one 
state  is  forty-three,  the  number  from  New  York.  Pennsyl- 
vania has  thirty-six,  Illinois  twenty-seven,  Ohio  twenty- two, 
and  so  on  down  the  list.  Five  states  are  entitled  to  but  one 
member  each,  namely,  Arizona,  Delaware,  Nevada,  New 
Mexico,  and  Wyoming.  As  the  population  of  several  of 
these  states  is  less  than  the  congressional  ratio,  they  might 
not  be  entitled  to  a  single  member  but  for  the  provision  in 
the  Constitution  which  declares  that  each  state  shall  have 
at  least  one  representative. 

1  Each  of  the  Territories  is  represented  in  Congress  by  a  delegate 
who  is  allowed  to  serve  on  certain  committees  and  to  take  part  in  de- 
bate but  not  to  vote.  The  Philippine  Islands  are  represented  by  two 
Resident  Commissioners,  and  Porto  Rico  by  one.  By  courtesy  they 
are  allowed  seats  in  the  house  of  representatives,  like  territorial  dele- 
gates, and  may  serve  on  committees. 

The  numbers  of  representatives  after  each  census  have  been  as 
follows:  1790,  105;  1800,  141;  1810,  181;  1820,  212;  1830,  240;  1840, 
223;  1850,  234;  1860,  241;  1870,  292;  1880,  325;  1890,  356;  1900,  386; 
1910,  455, 


176  THE  TWO  HOUSES  OF  CONGRESS 

Election  of  Representatives. —  The  Constitution  provides 
that  representatives  shall  be  chosen  in  each  state  by  vote 
of  such  persons  as  are  qualified  to  vote  for  members  of  the 
lower  house  of  the  legislature  of  that  state.  Thus  it  happens 
that  the  qualifications  for  participating  in  the  choice  of 
national  representatives  varies  widely  in  the  different  states. 
But  the  choice  must  be  made  by  the  people,  not  by  the 
legislature  or  by  executive  appointment,  and,  under  the 
Fifteenth  and  Nineteenth  Amendments  to  the  Federal 
Constitution,  the  states  cannot,  in  fixing  the  suffrage, 
discriminate  against  any  class  of  persons  because  of  their 
color,  race,  or  sex.  Subject  to  these  restrictions  the  states 
are  practically  free  to  limit  the  right  to  vote  for  national 
representatives  to  such  of  their  citizens  as  they  may  see  fit. 
It  is  true  that  the  Fourteenth  Amendment  declares  that 
whenever  a  state  shall  limit  the  right  of  its  adult  male 
citizens  to  vote  except  for  crime  its  representation  in 
Congress  shall  be  proportionately  reduced,  but  this  provi- 
sion has  never  been  enforced.  Some  statesmen  hold  that 
it  was  really  superseded  by  the  Fifteenth  Amendment. 

Manner  of  Choosing  Representatives. — As  in  fixing  the 
qualifications  of  the  electors  of  representatives,  so  in  the 
choosing  of  them,  the  states  are  left  a  free  hand,  subject 
to  the  provision  of  the  Constitution  which  gives  Congress 
power  to  alter  the  regulations  of  the  states  in  regard  to 
the  manner  and  time  of  choosing  members.  For  a  long 
time  Congress  did  not  exercise  its  power  in  this  respect  and 
each  state  chose  its  representatives  when  it  wished  and  in 
such  manner  as  it  pleased.  Some  states  chose  their  repre- 
sentatives on  general  ticket  from  the  state  at  large,  while 
others  chose  theirs  by  districts;  some  chose  by  secret  ballot, 
while  others  did  not.  To  secure  uniformity  in  regard  to 
the  method  of  choice,  Congress  enacted  in  1842  that  repre- 


UNITED  STATES  SENATE  CHAMBER 


UNITED  STATES  HOUSE  OF  REPRESENTATIVES 


ELECTION  OF  REPRESENTATIVES  177 

sentatives  should  be  chosen  by  districts  of  contiguous 
territory  containing  populations  as  nearly  equal  to  the 
congressional  ratio  as  possible.  In  1871  it  enacted  that 
they  should  be  chosen  by  written  or  printed  ballots  (later 
choice  by  voting  machine  was  also  permitted).  In  1872 
it  enacted  that  representatives  should  be  chosen  on  the 
same  day  throughout  the  Union,  namely,  Tuesday  after 
the  first  Monday  in  November.1 

"Gerrymandering" — When  the  number  of  representa- 
tives to  which  each  state  shall  be  entitled  has  been  deter- 
mined, after  the  decennial  census,  it  devolves  upon  the 
legislature  to  divide  the  state  into  as  many  districts  as  it 
is  entitled  to  representatives.2  In  the  exercise  of  this  power 
the  political  party  in  control  of  the  legislature  may  arrange 
the  districts  in  an  unfair  manner  so  as  to  make  it  possible 
for  the  party  to  elect  a  larger  number  of  representatives 
than  its  voting  strength  entitles  it  to.  This  is  done  by 
putting  counties  in  which  the  opposite  party  is  in  a  large 
majority  in  the  same  districts  so  that  it  may  choose  a  few 
members  by  large  majorities,  while  the  other  party  carries 
the  remaining  districts  by  small  majorities.  Thus  the 
voting  strength  of  the  party  in  power  is  economized  while 
that  of  the  other  party  is  massed  in  a  few  districts  and  made 
to  count  as 'little  as  possible.  This  practice  is  known  as 
"  gerrymandering  "  and  has  often  been  resorted  to  by  both 

1  By  a  subsequent  act,  those  states  whose  constitutions  provided 
a  different  day  for  choosing  representatives  were  exempted  from 
the  provisions  of  this  law.    In  pursuance  of  this  act,  elections  for 
members  of  Congress  in  Maine  are  held  in  September. 

2  In  case  the  legislature  neglects  to  redistrict  the  state  when  addi- 
tional representatives  have  been  assigned  to  it,  the  latter  are  chosen 
from  the  state  at  large.    In  1916,  for  example,  Pennsylvania  elected 
four  such  representatives ;  Illinois,  Texas,  Montana,  and  Idaho,  two 
each ;  Alabama  and  West  Virginia,  one  each. 

Govt.  U.S. — 12 


1 78  THE  TWO  HOUSES  OF  CONGRESS 

the  two  great  political  parties,  sometimes  in  such  a  man- 
ner  as  to  result  in  flagrant  injustice  to  the  minority 
party. 

The  requirement  that  the  districts  shall  contain  as  nearly 
equal  population  as  possible,  is  sometimes  flagrantly  vio- 
lated. Thus  one  of  the  Republican  districts  in  New  York 
recently  contained  165,701  inhabitants  while  one  of  the 
Democratic  districts  had  a  population  of  450,000.  In  1910 
one  of  the  Illinois  districts  contained  167,000  while  another 
contained  349,000. 

Sometimes  districts  are  so  constructed  as  to  have  fan- 
tastic shapes.  Thus  a  district  in  Mississippi  some  years 
ago  was  dubbed  the  "shoe  string"  district  from  its  long 
irregular  shape.  It  followed  the  Mississippi  River  for  the 
whole  length  of  the  state  though  in  one  place  it  was  less 
than  thirty  miles  wide. 

Qualifications  of  Representatives. — To  be  eligible  to  the 
house  of  representatives,  a  person  must  have  been  a  citizen 
of  the  United  States  for  at  least  seven  years,  must  have 
attained  the  age  of  twenty-five  years,  and  must  be  an  in- 
habitant of  the  state  from  which  he  is  chosen.  Residence 
in  the  particular  district  which  the  member  represents  is 
not  required  by  the  Constitution  or  laws  of  the  United 
States,  but  is  nearly  always  required  by  public  opinion. 
A  nonresident,  however  able  and  distinguished  he  might  be 
as  a  statesman,  would  have  little  chance  of  election. 

Objections  to  the  Residence  Requirement. — This  custom  of 
insisting  upon  residence  in  the  district  has  frequently  been 
criticized,  especially  by  foreign  writers,  as  being  a  serious 
defect  in  our  system  of  representation.  It  contrasts  widely 
with  the  practice  in  Great  Britain,  where  members  of  Parlia- 
ment are  very  often  chosen  from  other  districts  than  those 
in  which  they  reside.  London  barristers  of  promise  are 


QUALIFICATIONS  OF' REPRESENTATIVES  179 

not  infrequently  chosen  to  represent  country  districts  in 
which  they  are  practically  strangers.  The  late  William  E. 
Gladstone,  a  resident  of  Wales,  represented  for  a  long  time 
a  Scotch  district.  When  an  important  leader  of  any  party 
in  the  House  of  Commons  happens  to  be  defeated  in  his 
home  district,  it  is  a  common  practice  for  him  to  be  made  a 
candidate  in  some  district  in  which  his  party  has  a  safe 
majority.  In  the  United  States,  in  such  a  case,  the  man's 
service  in  Congress  would  probably  be  ended. 

Finally,  one  of  the  worst  evils  of  the  district  system  is 
that  it  tends  to  make  the  member  feel  that  he  is  the  repre- 
sentative, not  of  the  United  States  as  a  whole,  but  of  the 
locality  which  chooses  him.  Instead  of  entertaining  broad 
views  upon  purely  national  questions  his  views  tend  to 
become  narrow  and  he  votes  and  acts  with  reference  to 
the  welfare  of  his  own  district  rather  than  with  reference 
to  the  good  of  the  whole  country.  On  the  other  hand,  it 
may  be  said  in  favor  of  the  district  system  that  it  is  better 
adapted  to  secure  local  representation  and  makes  respon- 
sibility to  the  member's  constituency  more  effective. 

The  Senate. — Purposes. — Regarding  the  desirability  of 
creating  a  national  legislature  of  two  houses  there  was  little 
difference  of  opinion  among  the  members  of  the  convention. 
Experience  with  a  single-chambered  congress  during  the 
period  of  the  Confederation  had  revealed  certain  defects  in 
such  an  organization.  Moreover,  all  the  state  legislatures 
except  two  were  composed  of  two  houses  and  these  excep- 
tions were  destined  soon  to  disappear.  If  a  state  legisla- 
ture ought  to  consist  of  two  houses,  it  was  all  the  more 
important  that  the  national  congress  should  be  bicameral 
in  organization,  because,  the  union  being  composed  of 
states,  it  was  desirable  to  provide  a  separate  house  in  which 
they,  could  be  represented  as  constituent  political  units  just 


180  THE  TWO  HOUSES  OF  CONGRESS 

as  the  other  house  was  to  be  a  body  representing  the  peo- 
ple without  regard  to  political  divisions.  Aside  from  con- 
siderations growing  out  of  the  character  of  the  federal 
system,  there  were  the  usual  advantages  which  we  associate 
with  the  bicameral  system,  such  as  protection  against  hasty 
and  ill-considered  legislation,  insurance  against  the  possible 
despotism  of  a  single  chamber,  and  the  like.  Having  de- 
cided that  Congress  should  consist  of  two  houses,  the  con- 
vention felt  that  if  the  upper  house  was  to  exert  an  effec- 
tive restraining  influence  on  the  lower  house  it  ought  not 
to  be  a  mere  duplication  of  the  latter  but  should  be  differ- 
ently composed.  It  should  to  a  certain  extent  be  a  more 
conservative  body  than  the  lower  house,  which,  being 
elected  by  the  people,  would  incline  toward  radicalism ;  it 
should,  therefore,  be  smaller  in  size,  its  members  should  be 
chosen  for  a  longer  term  and  by  a  different  method,  higher 
age  and  residence  qualifications  should  be  required,  and  it 
should  be  given  certain  powers  which  were  not  conferred  on 
the  lower  house,  such  as  a  share  in  the  appointing,  treaty 
making,  and  judicial  powers. 

Term. — As  already  stated,  the  Constitution  provides  that 
the  states  shall  be  represented  equally  in  the  senate.  It 
also  provides  that  each  state  shall  elect  two  senators  and 
that  each  senator  shall  have  one  vote.  Under  the  Articles 
of  Confederation,  each  state  had  one  vote  in  Congress,  and 
the  vote  of  the  state  could  not  be  divided ;  but  under  the 
Constitution  the  two  senators  from  a  state  frequently  vote 
on  opposite  sides  of  a  question,  especially  if  they  belong 
to  different  political  parties.  On  the  question  of  the  term 
of  senators  there  was  much  difference  of  opinion  among  the 
members  of  the  convention.  Some  favored  a  two-year 
tenure,  some  four  years,  some  six,  some  nine,  while  Alex- 
ander Hamilton  favored  a  life  tenure.  The  term  finally 


THE  SENATE  l8l 

agreed  upon  was  six  years,  which  seemed  to  be  long  enough 
to  give  the  senate  an  element  of  permanence  and  independ- 
ence, and  yet  short  enough  to  secure  responsibility  to  the 
people. 

Classification  of  Senators. — The  Constitution  provided 
that  immediately  upon  the  assembling  of  the  senators  after 
the  first  election  they  should  be  divided  into  three  classes 
and  that  the  seats  of  those  in  the  first  class  should  be  va- 
cated at  the  end  of  the  second  year,  those  of  the  second 
class  at  the  expiration  of  the  fourth  year,  and  those  of  the 
third  class  at  the  expiration  of  the  sixth  year,  so  that  there- 
after one  third  might  be  chosen  every  second  year.  The 
purpose  of  this  provision  is  to  avoid  having  the  entire 
senate  renewed  at  the  same  time.  As  a  result,  not  more 
than  one  third  are  new  and  inexperienced  members  at  any 
particular  time.  When  a  new  state  is  admitted  to  the 
Union,  its  first  two  senators  draw  lots  to  see  which  class 
each  shall  fall  in.  In  1921  there  were  thirty- two  senators 
in  the  first  class,  and  their  terms  expire  March  4,  1923 ; 
thirty-two  in  the  second  class,  and  their  terms  expire  March 
4,  1925 ;  and  thirty-two  in  the  third  class,  and  their  terms 
expire  March  4,  1927.  The  three  classes  are  kept  as 
nearly  equal  as  possible. 

Reelection  of  Senators. — While  the  term  of  a  senator  is 
six  years,  he  may  be  reflected  as  often  as  his  state 
may  see  fit  to  honor  him,  and  in  practice  reelections 
have  been  frequent.  Justin  S.  Morrill  of  Vermont,  John 
Sherman  of  Ohio,  and  William  B.  Allison  of  Iowa,  each 
served  continuously  for  a  period  of  thirty- two  years.  Nearly 
one  third  of  the  senators  in  1911  had  served  twenty  years 
or  more.  Thus  the  senate  is  an  assembly  of  elder  states- 
men and  is  a  more  conservative  and  stable  body  than  the 
house  of  representatives. 


182  THE  TWO  HOUSES  OF  CONGRESS 

Mode  of  Election  of  Senators. — In  regard  to  the  mode 
of  election  of  senators  there  was  a  wide  difference  of  opinion 
among  the  members  of  the  convention.  Some  favored 
choice  by  the  people ;  others  favored  election  by  the  lower 
house  of  Congress ;  some  .proposed  appointment  by  the 
President  from  persons  nominated  by  the  state  legislatures ; 
while  others  proposed  election  by  the  state  legislatures, 
which  was  the  method  finally  agreed  upon.  Choice  by  the 
legislature,  it  was  felt,  would  be  the  means  of  forming  a 
connecting  link  between  the  state  governments  and  the 
national  government  and  would  thereby  tend  to  attach  the 
former  to  the  latter — an  important  consideration  then,  in 
view  of  the  prevailing  jealousy  of  the  state  governments 
toward  the  national  government.  Finally,  it  was  believed 
that  choice  by  the  legislature  would  tend  to  secure  the 
election  of  senators  of  greater  ability  since  the  members  of 
the  legislature  would  be  more  familiar  with  the  qualifica- 
tions of  candidates  than  the  masses  of  the  people  could 
hope  to  be. 

Objections  to  the  Method  of  Choice  by  the  Legislature. 
— One  of  the  practical  objections  to  the  original  method  of 
choosing  senators  was  that  it  frequently  led  to  long  and 
stubborn  contests  which  sometimes  ended  in  deadlocks.  Not 
infrequently  the  legislature  failed  to  elect  a  senator  and  the 
state  was  left  with  a  vacancy  in  the  senate.  In  such  cases  the 
governor  could  not  fill  the  vacancy  by  appointment  as  he  did 
when  a  senator  died  or  resigned ;  the  seat  remained  vacant 
until  a  senator  was  chosen  by  the  legislature.  From  1890 
to  1912  not  less  than  eleven  states  at  one  time  or  another 
were  represented  in  the  senate  by  one  member  only,  and  in 
1901  Delaware,  on  account  of  repeated  deadlocks,  had  no 
senator  at  all  at  Washington  to  speak  for  the  state.  Not 
infrequently  such  contests  were  broken  through  the  selection 


METHOD  OF  ELECTING  SENATORS  183 

of  a  second-rate  man  or  by  an  alliance  between  the  members 
of  the  minority  party  and  certain  members  of  the  majority. 

Bribery. — The  breaking  of  deadlocks  was  sometimes 
accomplished  by  bribery  or  other  improper  influences. 
Indeed  charges  of  bribery  and  corruption  in  connection 
with  the  election  of  senators  came  to  be  very  common,  and 
there  is  little  doubt  that  between  1895  and  1910  a  number 
of  wealthy  men  found  their  way  into  the  senate  through 
the  votes  of  legislators  who  were  liberally  paid  for  their 
support.  Under  these  circumstances  it  was  frequently  said 
that  the  senate  was  no  longer  truly  representative  of  the  in- 
terests of  the  people. 

Interference  with  Legislative  Business. — A  prolonged  sen- 
atorial contest  also  interfered  too  much  with  the  regular 
business  of  the  state  legislature.  Where  the  session  is 
limited  to  two  or  three  months,  as  it  frequently  is,  the  in- 
roads upon  the  time  at  the  disposal  of  the  legislature  for 
looking  after  the  needs  of  the  state  were  considerable.1 
Members  were  badgered  by  candidates,  passions  and  ani- 
mosities were  engendered,  a  party  coloring  was  given  non- 
partisan  measures,  and  the  votes  of  members  on  legislative 
measures  were  sometimes  determined  by  the  senatorial  con- 
test, rather  than  by  the  merits  of  the  measure  on  which 
they  were  called  to  vote. 

Popular  Election  of  Senators. — The  dissatisfaction  with 
the  old  method  of  choosing  senators  led  to  a  movement  to 
secure  an  amendment  to  the  Constitution  providing  for  the 

1  In  1897  the  business  of  the  legislature  of  Oregon  was  completely 
tied  up  for  months  because  a  sufficient  number  of  members  of  the 
lower  house,  in  order  to  prevent  the  election  of  a  certain  senator, 
absented  themselves  from  the  chamber  and  prevented  a  quorum. 
Not  a  bill  could  be  passed  or  a  dollar  of  money  appropriated  for 
meeting  the  current  expenses  of  the  state. 


184  THE  TWO  HOUSES  OF  CONGRESS 

election  of  senators  by  the  people.  But  the  senate  itself 
for  a  long  time  blocked  every  attempt  of  this  kind.  Five 
different  times  between  1893  and  1911  the  national  house 
of  representatives  by  a  large  majority  proposed  an  amend- 
ment for  this  purpose,  but  each  time  the  senate  refused  its 
concurrence.  In  one  form  or  another  the  legislatures  of 
thirty-one  states  approved  of  the  method  of  popular  elec- 
tion and  wherever  a  referendum  was  taken  on  the  propo- 
sition, as  was  done  in  California,  Nevada,  and  Illinois,  the 
popular  indorsement  was  overwhelming.  Finally,  in  1912, 
the  senate  yielded,  and  both  houses  of  Congress  adopted  a 
resolution  proposing  an  amendment  providing  for  the  popu- 
lar election  of  senators,  which  was  ratified  by  the  necessary 
number  of  states  during  the  following  year.  Under  this 
seventeenth  amendment  the  senators  of  each  state  are 
elected  by  vote  of  such  persons  as  are  entitled  to  vote  for 
members  of  the  lower  house  of  the  legislature. 

The  seventeenth  amendment  provides  that  whenever  a 
vacancy  occurs  in  the  senate  the  governor  of  the  state  in 
which  the  vacancy  occurs  shall  issue  a  writ  of  election  for 
the  rilling  of  such  vacancy,  but  that  the  legislature  may 
authorize  the  governor  to  fill  the  vacancy  by  a  temporary 
appointment,  the  appointee  to  hold  until  a  senator  may  be 
chosen  by  popular  election.  In  practice  special  elections 
are  rarely  called  for  filling  vacancies.  In  most  states  the 
governor  makes  a  temporary  appointment,  the  appointee 
holding  until  the  next  regular  election  when  the  people 
elect  his  successor. 

Qualifications  of  Senators. — The  qualifications  prescribed 
for  eligibility  to  the  senate  are  the  same  in  principle  as 
those  required  of  representatives,  though  a  little  different 
in  degree.  Thus  a  senator  must  be  at  least  thirty  years  of 
age,  must  have  been  a  citizen  of  the  United  States  for  nine 


QUALIFICATIONS  OF  SENATORS  185 

years  and  must  be  a  resident  of  the  state  at  the  time  of  his 
election.  It  was  thought  that  the  longer  term  and  higher 
qualifications  would  tend  to  give  greater  dignity  and 
strength  to  the  upper  chamber  than  would  be  found  in  the 
lower  house,  and  at  the  same  time  a  higher  average  of 
ability. 

There  is  no  provision  of  the  Constitution  which  requires 
a  senator  to  be  a  resident  of  a  particular  part  of  the  state, 
but  in  some  states  there  is  a  custom  that  the  two  senators 
shall  be  taken  from  different  sections.  Thus  in  Vermont 
custom  requires  that  one  senator  shall  come  from  the  sec- 
tion of  the  state  east  of  the  Green  Mountains  and  the  other 
from  the  west  side.  Sometimes  when  there  is  a  large  city 
in  the  state  it  is  the  custom  to  choose  one  of  the  senators 
from  the  city  and  the  other  from  the  country.  For  a  long 
time  Maryland  did  not  trust  this  matter  to  custom  but  by 
law  enacted  that  one  of  the  senators  should  be  an  inhabitant 
of  the  eastern  shore  and  the  other  of  the  western  shore. 

Character  of  the  Senate. — In  the  early  days  when  the 
states  were  generally  regarded  as  sovereign  communities, 
senators  were  looked  upon  somewhat  as  ambassadors  to 
the  national  government,  and  the  right  to  instruct  them  as 
to  how  they  should  vote  on  important  questions  was  some- 
tunes  claimed  and  asserted  by  the  legislatures.  Sometimes 
the  senators  obeyed  the  instructions,  sometimes  they  re- 
fused; and  in  the  latter  case  there  were  no  means  of 
enforcing  obedience.  Not  infrequently  senators  are  "  re- 
quested" by  the  legislature  of  the  state  which  they 
represent  to  vote  for  or  against  a  particular  bill. 

The  Senate  undoubtedly  possesses  elements  of  strength 
and  efficiency  which  are  not  to  be  found  in  the  lower  house. 
As  it  is  a  much  smaller  body,  debate  there  can  be  carried 
on  with  more  effectiveness,  and  the  individual  member  has 


l86  THE  TWO  HOUSES  OF  CONGRESS 

greater  opportunity  to  make  his  influence  felt  upon  legisla- 
tion. The  efficiency  of  the  Senate  is  further  increased  by 
the  fact  that  its  members  are  generally  men  of  more  mature 
age  and  larger  legislative  experience,  many  of  them  having 
already  served  their  apprenticeship  in  the  lower  house. 
Moreover,  owing  to  the  longer  term,  they  are  more  inde- 
pendent of  the  popular  opinion  of  the  moment  and,  there- 
fore, under  less  temptation  to  yield  to  popular  clamor  and 
vote  for  measures  which  their  better  judgment  condemns. 
These  facts,  it  may  be  added,  have  tended  to  increase  the 
attractiveness  of  the  Senate  as  a  legislative  body  and  to 
draw  into  it  statesmen  of  larger  ability  than  the  lower 
house  has  been  able  to  attract. 

At  the  same  time,  these  elements  of  strength  have  to 
some  extent  been  sources  of  weakness.  The  attractions 
of  the  Senate  have  stimulated  the  ambitions  of  rich  men 
who  have  few  other  qualifications  than  the  possession  of 
great  wealth,  and  so  it  came  to  pass  that  a  considerable 
proportion  of  the  members  of  the  upper  house  were  repre- 
sentatives of  great  corporations  and  of  other  forms  of 
wealth.  This  was  not  necessarily  an  evil,  but  it  was 
often  said  that  the  senators  were  irresponsive  to  public 
opinion.  Moreover,  the  Senate  has  been  criticized  for 
usurping  to  a  considerable  extent  the  powers  of  the  execu- 
tive department  in  regard  to  appointments  and  the  conduct 
of  foreign  affairs,  and  has  encroached  upon  the  powers  of 
the  lower  house  in  respect  to  the  initiation  of  revenue  bills. 
Finally,  the  tradition  of  senatorial  courtesy,  which  makes 
it  possible  for  a  single  senator  to  deadlock  indefinitely  the 
proceedings  of  the  Senate,  has  been  criticized  as  being 
quite  out  of  harmony  with  reasonable  notions  of  legislative 
procedure.  All  these  charges,  however,  have  been  vigorously 
denied  by  many  defenders  of  the  Senate.  Some  of  them 


CHARACTER  OF  THE  SENATE         187 

arc  well  founded,  but  all  in  all,  the  Senate  compares  favor- 
ably with  the  best  upper  chambers  of  other  countries. 

Decisions  as  to  Congressional  Elections  and  Member- 
ship.— Each  house  of  Congress  is  the  judge  of  the  election, 
qualifications,  and  returns  of  its  own  members,  that  is,  it 
is  empowered  to  determine  whether  a  member  who  claims 
to  have  been  elected  has  been  legally  chosen  and  whether 
he  really  possesses  the'  qualifications  prescribed  by  the 
Constitution  for  membership  in  the  house.  It  seems  to 
be  admitted  that  either  house  may  also  refuse  to  admit 
a  member  for  other  reasons  than  those  prescribed  by  the 
Constitution,  as,  for  example,  for  having  been  convicted  of 
a  crime  or  because  he  is  insane  or  suffering  with  a  danger- 
ous contagious  disease.  Thus  in  1900  the  house  of  repre- 
sentatives refused  to  allow  a  member  from  Utah  to  take 
his  seat  because  he  was  living  in  violation  of  the  anti- 
polygamy  laws,  and  in  1919  it  excluded  a  Socialist  member 
from  Wisconsin  for  disloyalty  during  the  war. 

Contested  Elections. — Frequently  there  is  a  contested 
election  from  a  state  or  district,  that  is,  two  men  claim  to 
have  been  elected  to  the  same  seat,  in  which  case  the  house 
must  decide  which  one  is  entitled  to  the  seat.  In  such  a 
case  the  claims  of  the  contestant  and  the  contestee  are 
heard  by  the  committee  on  privileges  and  elections,  which 
makes  a  report  to  the  house  with  a  recommendation  as 
to  which  shall  be  given  the  seat.  Unfortunately,  contested 
election  cases  are  not  always  settled  on  their  merits,  the 
seat  being  usually  given  to  the  claimant  who  belongs  to 
the  party  which  has  a  majority  in  the  house.  In  England 
this  source  of  party  favoritism  is  removed  by  vesting  the 
settlement  of  cases  of  contested  elections  in  the  courts, 
which  are  more  apt  to  decide  such  contests  on  their  merits. 

Power  of  Expulsion. — When  a  member  has  once  been 


1 88  THE  TWO  HOUSES  OF  CONGRESS 

admitted  to  his  seat,  he  can  be  deprived  of  it  only  by  ex- 
pulsion, and  to  prevent  the  employment  of  this  power  for 
party  purposes,  the  Constitution  provides  that  the  con- 
currence of  two  thirds  of  the  members  shall  be  necessary 
to  expel  a  member.  Several  instances  of  expulsion  have 
occurred  in  the  past.  Senator  Blount  of  Tennessee  was 
expelled  from  the  senate  in  1797,  and  a  number  of  other 
cases  occurred  in  each  house  during  the  Civil  War. 

Compensation  of  Members  of  Congress. — The  Constitu- 
tion declares  that  senators  and  representatives  shall  receive 
a  compensation  for  their  services,  the  same  to  be  paid  out 
of  the  treasury  of  the  United  States.  Under  the  Articles 
of  Confederation,  each  state  paid  its  own  members  of  Con- 
gress, and  there  was  no  uniformity  in  respect  to  the  scale 
of  compensation.  Some  states  paid  much  smaller  salaries 
than  others  and  in  order  to  reduce  the  burden  of  maintain- 
ing their  representatives,  the  states  generally  sent  to  Con- 
gress the  fewest  number  of  representatives  required,  and 
as  each  state  had  only  one  vote,  nothing  was  lost  by  having 
a  minimum  number  present.  One  other  objection  to  the 
method  of  stats  payment  was  that  it  tended  to  make  the 
representative  dependent  upon  his  state  and  caused  him  to 
feel  that  he  was  the  representative  of  a  state  rather  than 
of  the  country  as  a  whole. 

In  fixing  the  amount  of  the  compensation  of  its  members, 
Congress  is  subject  to  no  restrictions.  It  may  fix  the  salary 
at  any  amount  it  pleases,  may  make  it  retroactive  in  effect 
or  may  increase  the  amount  at  any  time  during  the  term 
for  which  the  members  are  chosen.  The  present  salary  of 
senators  and  representatives  is  $7,500  per  year,  but  the 
Speaker  of  the  house  receives  $i  2,000  per  year.  In  addition, 
each  member  receives  an  allowance  for  a  secretary,  a  small 
sum  for  stationery,  and  mileage  of  twenty  cents  per  mile 


COMPENSATION  OF  MEMBERS  OF  CONGRESS        189 

going  and  coming  by  the  nearest  route  between  his  home 
and  the  national  capital.  This  mileage  is  intended  to  cover 
the  traveling  expenses  of  the  member  and  his  family. 

In  some  of  the  countries  of  Europe  until  recently  members 
of  Parliament  did  not  receive  any  compensation  from  the 
public  treasury  unless  they  happened  to  be  members  of  the 
cabinet;  this  was  the  rule  in  Great  Britain  prior  to  1911. 
Sometimes,  however,  members  who  represented  the  socialist 
or  labor  party  were  paid  by  voluntary  contributions  by  the 
members  of  their  party.  The  advantage  of  paying  mem- 
bers of  Congress  a  reasonable  compensation  is  that  it  en- 
ables competent  men  without  private  incomes  to  serve  the 
state  equally  with  the  well-to-do,  who  are  not  dependent 
upon  their  public  salaries  for  ?.  livelihood. 

The  Franking  Privilege. — Another  privilege  which  Con- 
gress allows  its  members  is  to  send  their  mail  through  the 
post  office  without  the  payment  of  postage.  The  spirit 
of  the  law  restricts  the  privilege  to  the  official  correspond- 
ence of  members,  but  the  privilege  is  generally  abused. 
Thus  a  senator  from  South  Carolina  was  recently  criticized 
by  the  post-office  department  for  franking  his  typewriter 
through  the  mails.  President  Taf  t  in  his  annual  message 
to  Congress  in  December,  1910,  dwelt  upon  the  abuses  of 
this  privilege  by  members  of  Congress  and  other  govern- 
ment officials.  The  postmaster  general  in  1914  called  at- 
tention to  a  recent  instance  in  which  more  than  300,000 
pamphlets  were  circulated  under  the  frank  of  a  member  of 
Congress,  the  postage  on  which  would  have  amounted  to 
$5 7, coo.  They  related  not  to  public  business  but  to  the 
interest  of  a  certain  industry  in  which  he  was  concerned. 

Rights  and  Privileges  of  Members  of  Congress. — The 
Constitution  provides  that  members  shall  not  be  arrested 
in  any  case  except  treason,  felony,  and  breach  of  the  peace, 


IQO  THE  TWO  HOUSES  OF  CONGRESS 

during  their  attendance  at  the  sessions  of  their  respective 
houses  and  in  going  to  and  from  the  same;  and  for  any 
speech  or  debate  in  either  house,  they  cannot  be  questioned 
hi  any  other  place.  The  purpose  of  the  first  provision  is 
to  prevent  interference  with  members  in  the  discharge  of 
their  high  and  responsible  duties,  through  arrest  for  trivial 
offenses  or  trumped-up  charges.  If  a  member,  however, 
commits  an  offense  amounting  to  a  breach  of  the  peace, 
his  immunity  from  arrest  ceases  and  he  may  be  dealt  with 
by  the  courts  as  any  other  offender.  The  object  of  the 
second  provision  is  to  secure  to  members  absolute  freedom 
of  speech  on  the  floor  of  Congress  by  relieving  them  from 
the  liability  to  prosecution  for  slander  for  anything  they 
may  say  in  the  course  of  debate. 

Disqualifications. — On  the  oiner  hand,  the  Constitution 
.  provides  that  no  person  holding  any  office  under  the  United 
States  shall  be  a  member  of  either  house  of  Congress  during 
his  continuance  in  office.  This  provision  was  adopted  in 
pursuance  of  the  view  that  the  executive  and  legislative 
departments  should,  as  far  as  practicable,  be  kept  separate. 
Moreover,  no  senator  or  representative  may,  during  the 
time  for  which  he  is  elected,  be  appointed  to  any  civil  office 
which  shall  have  been  created  or  the  emoluments  of  which 
shall  have  been  increased  during  such  time.  The  purpose 
of  this  provision  is  to  prevent  Congress  from  creating  new 
offices  or  increasing  the  salaries  of  existing  offices  for  the 
benefit  of  members  who  might  desire  to  be  appointed  to 
them. 

Special  Functions  of  the  Senate. — The  senate  is  not  only 
a  coequal  branch  of  the  national  legislature  but  it  possesses 
in  addition  certain  powers  not  enjoyed  by  the  lower  house. 

Share  in  the  Appointing  Power. — First  of  all,  it  shares 
with  the  President  the  power  of  appointment  to  federal 


SPECIAL  FUNCTIONS  OF  THE  SENATE  191 

offices.  The  Constitution  makes  its  approval  necessary 
to  the  validity  of  all  appointments  made  by  the  executive, 
the  idea  being  that  the  participation  of  the  senate  would 
serve  as  a  restraint  upon  the  errors  or  abuses  of  the  Presi- 
dent and  thus  insure  the  appointment  of  honest  and  capable 
men  to  office.  But  it  was  never  intended  to  give  the  senate 
anything  more  than  the  negative  power  of  rejecting  the 
nominations  of  the  President.  It  is  his  power  to  nominate 
and  that  of  the  senate  to  approve  or  disapprove  the  nomina- 
tion. Nevertheless,  there  has  grown  up  in  the  senate  a 
practice  by  which  the  senators  from  a  particular  state  in 
which  an  appointment  to  a  federal  office  is  to  be  made, 
claim  the  right  to  select  the  appointee  themselves  and  when 
they  have  agreed  upon  him  to  present  his  name  to  the 
President  for  appointment;  provided,  of  course,  that  they 
are  of  the  same  party  as  the  President.  If  the  President 
refuses  to  comply  with  the  request  of  the  senators  from  a 
particular  state,  and  nominates  an  official  who  is  unac- 
ceptable to  them,  the  custom  of  " senatorial  courtesy," 
which  has  become  one  of  the  traditions  of  the  senate,  re- 
quires that  the  senators  from  the  other  states  shall  stand 
by  their  associates  in  question  and  reject  the  nomination 
of  the  President.  In  this  way  the  senate  has,  in  effect, 
assumed  the  power  of  dictating  to  the  President  appoint- 
ments to  many  federal  offices  in  the  states,  such  as  those 
of  postmaster,  federal  judge,  attorney,  revenue  collector^ 
and  the  like.  If  the  two  senators  from  a  state  belong  to 
different  political  parties,  the  one  with  whom  the  Presi- 
dent is  in  political  sympathy  controls  the  federal  patronage 
in  the  state. 

Share  in  the  Treaty-Making  Power. — The  senate  also 
shares  with  the  President  the  power  of  making  treaties 
with  foreign  countries.  The  ordinary  procedure  is  for  the 


192  THE  TWO  HOUSES  OF  CONGRESS 

President,  through  the  Department  of  State,  to  negotiate 
the  treaty,  after  which  it  is  laid  before  the  senate  for  its 
approval.  Approval  by  a  two -thirds  vote  of  the  senators 
is  necessary  to  the  validity  of  the  treaty.  The  purpose  of 
giving  the  senate  a  share  in  the  treaty-making  power  was 
to  provide  a  check  or  restraint  upon  the  possible  abuses  or 
errors  of  the  executive.  The  extraordinary  majority  re- 
quired for  the  approval  of  the  treaty,  however,  has  fre- 
quently proved  a  handicap  and  led  to  the  defeat  of  a  number 
of  valuable  treaties.  Thus  a  small  political  minority  can 
prevent  the  ratification  of  a  treaty  and  sometimes  does  so 
when  it  sees  an  opportunity  to  reap  political  advantage 
thereby. 

The  Constitution  speaks  of  the  "advice  and  consent" 
of  the  senate,  but  in  practice  all  the  senate  does  is  to  give 
its  consent.  In  the  early  days,  however,  the  President  not 
infrequently  requested  the  "  ad  vice"  of  the  senate  before 
starting  the  negotiation  of  a  treaty,  and  if  the  advice  was 
unfavorable  the  proposed  negotiations  were  abandoned. 
Even  now  if  the  President  has  doubts  as  to  whether  a  pro- 
posed treaty  would  receive  the  approval  of  two  thirds  of 
the  senate  he  will  sometimes  consult  with  the  members  of 
the  senate  committee  on  foreign  relations  and  with  other 
influential  members,  before  beginning  the  negotiations. 

The  senate  may  reject  a  treaty  in  toto,  and  has  done  so  in 
many  instances,  or  it  may  amend  a  treaty  laid  before  it,  in 
which  case  it  must  be  sent  back  to  the  government  of  the 
other  country  which  is  a  party  thereto  for  concurrence  in 
the  amendments.  After  the  senate  has  consented  to  the 
ratification  of  a  treaty,  the  President  may  ratify  it  or  not 
as  he  likes. 

The  Senate  as  a  Court  of  Impeachment. — Another  special 
function  of  the  senate  is  that  of  acting  as  a  court  for  the 


LIBRARY  OF  CONGRESS,  WASHINGTON,  B.C. 


THE  WHITE  HOUSE, —THE  PRESIDENT'S  HOME  AND  OFFICE 


SPECIAL  FUNCTIONS  OF  THE  SENATE  193 

trial  of  impeachment  cases.  The  Constitution  declares 
that  the  President,  Vice  President,  and  all  civil  officers 
of  the  United  States  shall  be  removed  from  office  on  im- 
peachment for  and  conviction  of  treason,  bribery,  or  other 
high  crimes  and  misdemeanors.  Military  and  naval  officers 
are  tried  by  court-martial  and  are  not  therefore  liable  to 
impeachment.1  To  impeach  an  officer  is  to  bring  charges 
against  him.  So  far  as  federal  officers  are  concerned  this 
power  belongs  exclusively  to  the  house  of  representatives, 
which  acts  somewhat  as  a  grand  jury  does  in  finding  in- 
dictments against  ordinary  criminals.  When  sitting  as  a 
court  of  impeachment  the  senators  are  under  a  special  oath, 
and  when  the  President  is  on  trial  the  chief  justice  of  the 
Supreme  Court  is  the  presiding  officer  instead  of  the  Vice 
President,  who,  in  such  a  case,  would  be  directly  interested 
in  the  outcome  of  the  trial,  since  in  the  event  of  the  convic- 
tion and  removal  of  the  President  he  would  succeed  to  the 
office.  Managers  appointed  by  the  house  of  representatives 
appear  at  the  bar  of  the  senate  to  prosecute  the  charges 
preferred  by  the  house,  witnesses  are  examined,  evidence 
presented,  and  the  accused  is  defended  by  counsel  of  his 
own  choosing.  In  order  to  prevent  the  employment  of 
the  impeachment  power  for  party  purposes,  the  Consti- 
tution provides  that  the  concurrence  of  two  thirds  of  the 
senators  shall  be  necessary  to  convict. 

The  punishment  which  the  senate  may  inflict  in  case  of 
conviction  is  limited  to  removal  from  office  ard  disqualifi- 
cation from  holding  office  in  the  future.  The  Constitution 
makes  it  mandatory  upon  the  senate  to  remove  the  con- 
victed official,  but  whether  he  shall  forever  be  disqualified 

1  That  members  of  Congress  are  not  liable  to  impeachment  was 
determined  in  the  case  of  William  Blount,  a  senator  from  Tennessee 
in  1797,  the  senate  deciding  that  it  had  no  jurisdiction  of  the  case. 

Govt.  U.  S.— 13 


194  THE    TWO  HOUSES  OF  CONGRESS 

from  holding  office  in  the  future  is  left  to  the  discretion  of 
the  senate.  In  England  the  House  of  Lords,  which  tries 
impeachment  cases,  is  not  limited  in  the  extent  of  punish- 
ment which  it  may  inflict,  but  may,  at  its  discretion,  sen- 
tence the  convicted  official  to  imprisonment  or  the  payment 
of  a  fine.  While  the  senate  of  the  United  States  cannot  do 
this,  the  person  convicted  and  removed  may,  nevertheless, 
be  indicted  and  tried  by  the  courts  as  any  other  criminal 
may. 

The  procedure  of  removing  an  officer  by  impeachment  is 
so  cumbersome  and  unwieldy  that  it  has  rarely  been  re- 
sorted to.  During  our  entire  history  there  have  been  only 
eight  impeachment  trials  of  federal  officers,  and  of  these 
there  were  convictions  in  but  three  cases.1  If  this  were  the 
only  method  of  removal  it  would  be  difficult  to  get  rid  of 
corrupt  and  incompetent  officials,  but  it  must  be  remem- 
bered that  any  federal  official  except  the  judges  may  be 
removed  from  office  by  the  President  for  any  reason  that 
to  him  seems  fit  and  proper;  and  the  power  is  frequently 
exercised. 

1  The  first  was  that  of  Judge  John  Pickering  of  the  United  States 
District  Court  of  New  Hampshire,  March,  1803.  The  second  was 
that  of  Judge  Samuel  Chase,  of  the  Supreme  Court,  March,  1804. 
James  H.  Peck,  District  Judge  of  Missouri,  was  impeached  in  April, 
1830;  West  H.  Humphreys,  District  Judge  of  Tennessee,  May,  1862 ; 
Andrew  Johnson,  President  of  the  United  States,  February,  1868; 
William  W.  Belknap,  Secretary  of  War,  March,  1876 ;  Charles  Swayne, 
Judge  of  the  United  States  District  Court  for  Florida,  1905;  and 
Robert  W.  Archbald,  Judge  of  the  Court  of  Commerce,  1912,  Of 
these,  Pickering,  Humphreys,  and  Archbald  were  convicted  and  re- 
moved from  office,  while  Humphreys  and  Archbald  were  in  addition 
disqualified  from  holding  federal  office  in  the  future.  Belknap  re- 
signed before  impeachment  charges  were  preferred,  but  the  senate  de- 
cided that  it  had  jurisdiction,  nevertheless,  and  the  trial  was  proceeded 
with  only  to  result  in  his  acquittal. 


RESEARCH  QUESTIONS  195 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  47-68. 
BEARD,  American  Government  and  Politics,  chs.  xii-xiii.  BRYCE, 
The  American  Commonwealth  (abridged  edition),  chs.  ix-xii.  HAR- 
RISON, This  Country  of  Ours,  ch.  ii.  HART,  Actual  Government, 
ch.  xiii.  HINSDALE,  American  Government,  chs.  xvii-xxiii.  WILSON, 
Congressional  Government,  sees.  1273-1293. 

Documentary  and  Illustrative  Material. — i.  Copy  of  the  Congres- 
sional Directory.  2.  Copies  of  the  Congressional  Record.  3.  A  map 
showing  the  Congressional  districts  of  the  state. 

RESEARCH  QUESTIONS 

1.  How  many  representatives  in  Congress  has  your  state? 

2.  Is  there  any  evidence  that  your  state  is  "gerrymandered"? 

3.  In  what  congressional  district  do  you  live?    How  many  counties 
are  there  in  the  district?    What  is  its  population?    How  much  does 
the  population  vary  from  the  congressional  ratio?     Who  is  your 
representative?    How  many  terms  has  he  served?    What  is  his  party? 
By  how  large  a  majority  was  he  elected? 

4.  Who  is  the  senior  senator  from  your  state?    The  junior  senator? 
How  many  terms  has  each  served  ?    To  which  of  the  three  classes 
does  each  belong  ? 

5.  If  the  first  congressional  ratio  of  one  member  for  30,000  inhabit- 
ants were  now  in  force,  what  would  be  the  number  of  representatives 
in  the  house?    Give  arguments  for  and  against  the  proposition  that  a 
house  of  435  members  is  too  large. 

6.  Is  the  present  salary  of  members  of  Congress  sufficiently  large 
to  attract  the  best  men?    Do  you  think  the  European  custom  of  not 
paying  salaries  to  members  of  Parliament  a  wise  one? 

7:  Do  you  think  members  of  Congress  are  morally  entitled  to  "con- 
structive" mileage,  that  is,  for  mileage  not  actually  traveled,  as 
where  one  session  merges  into  another? 

8.  Members  of  the  British  Parliament  are  elected  for  a  term  of 
five  years,  those  of  the  German  Reichstag  for  five  years,  those  of 
the  French  Chamber  of  Deputies  for  four  years.    In  view  of  these 
rather  long  terms,  do  you  think  a  two-year  term  for  American  repre- 
sentatives is  too  short? 

9.  Do  you  think  the  practice  of  members  of  Congress  of  distribut- 
ing large  quantities  of  garden  seed  among  their  constituents  at  public 
expense  a  wise  or  a  vicious  one? 


196  THE  TWO  HOUSES  OF  CONGRESS 

10.  Do  you  think  public  documents  printed  by  authority  of  Con- 
gress should  be  distributed  free  of  cost  to  all  who  desire  them? 

11.  What  is  your  opinion  of  the  practice  of  members  of  Congress 
of  printing  in  the  Congressional  Record  long  speeches  never  delivered 
in  Congress? 

12.  Would  the  nomination  of  members  of  Congress  by  direct  pri- 
mary be  a  better  method  than  nomination  by  convention? 

13.  What  would  be  the  advantage  in  requiring  a  newly  elected 
Congress  to  assemble  shortly-  after  the  election  instead  of  about  thir- 
teen months  thereafter,  as  is  the  present  rule? 

14.  Ought  the  qualifications  for  voting  for  representatives  in  Con- 
gress to  be  determined  by  national  authority  instead  of  by  the  states? 

15.  Ought  a  representative  to  be  required  to  be  a  resident  of  the 
district  from  which  he  is  elected? 

1 6.  Do  you  think  the  states  should  be  equally  represented  in  the 
senate? 


CHAPTER  XI 
ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

Organization  of  the  Two  Houses. — Officers. — Each  house 
of  Congress  is  free  to  organize  itself  in  such  a  manner  as 
it  pleases,  and  to  choose  its  own  officers,  except  that  the 
Vice  President  oLthe-United  States  is,  by  the  Constitution, 
made  the  presiding  officer  of  the  senate.  The  presiding 
officer  of  the  house  of  representatives  is  called  the  speaker; 
that  of  the  senate,  the  president.  Each  house  has  one  or 
more  clerks  who  keep  the  journals,  call  rolls,  read  bills, 
and  have  custody  of  all  bills,  resolutions,  petitions,  and 
memorials;  a  sergeant-at-arms  who  preserves  order,  has 
charge  of  the  halls,  pays  members  their  salaries,  and  per- 
forms various  other  duties  *;  a  postmaster;  a  doorkeeper; 
a  chaplain;  and  other  minor  officials. 

Opening  of  a  New  Congress. — When  a  new  Congress 

1  The  sergeant-at-arms  of  the  house  of  representatives  has  custody 
of  the  mace  which  is  the  symbol  of  the  authority  of  the  house.  It  is 
a  representation  of  the  Roman  fasces  in  ebony,  and  is  surmounted  by 
a  globe  and  an  eagle  in  silver.  During  the  session  it  is  kept  in  the 
place  provided  for  it  near  the  speaker's  desk,  but  when  disorder  breaks 
out  in  the  course  of  the  debates,  the  sergeant-at-arms  takes  the  mace 
from  its  accustomed  place  and  proceeds,  bearing  it  aloft,  to  the  part  of 
the  house  where  the  disorder  prevails.  He  then  commands  order  in 
the  name  of  the  house,  and  if  the  display  of  the  mace  is  not  sufficient 
to  restore  order,  the  house  may  order  the  disorderly  member  or  mem- 
bers to  be  arrested. 

197 


198        ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

assembles,  the  house  of  representatives  is  called  to  order 
by  the  clerk  of  the  preceding  house.  He  then  calls  the  roll 
of  the  members  whose  credentials  or  certificates  of  election 
have  been  filed  with  him,  and  if  a  quorum  is  present  the 
house  proceeds  to  the  election  of  a  speaker.  The  members 
of  each  political  party  represented  in  the  house  have  al- 
ready in  caucus  agreed  upon  their  candidates,  and  they 
are  now  put  in  nomination  before  the  house  by  some  member 
representing  each  party.  Usually  the  action  of  the  caucus 
of  the  majority  party  is  equivalent  to  an  election,  and  the 
house  has  only  to  ratify  its  choice.  In  several  instances, 
however,  the  election  of  the  speaker  involved  long  and  bitter 
contests.  Thus  in  1849,  63  ballots  were  taken,  and  again 
in  1855-1856,  133  ballots  were  necessary,  and  in  each  case 
a  special  rule  was  adopted  permitting  a  plurality  to  elect. 

The  senate,  on  the  other  hand,  is  always  an  organized 
body.  The  presiding  officer — the  Vice  President — at  the 
opening  of  a  new  Congress  calls  the  senate  to  order,  and  the 
other  officers,  who  hold  during  the  pleasure  of  the  senate, 
resume  their  duties.  The  senate  elects  one  of  its  own  mem- 
bers as  president  pro  tempore  to  preside  over  its  delibera- 
tions during  the  absence  of  the  Vice  President  or  in  case 
there  is  no  Vice  President,  as  has  often  happened. 

The  Oath  of  Office  is  usually  administered  to  the  speaker 
by  the  oldest  member  in  point  of  service, — called  "the 
Father  of  the  House, " — after  which  the  speaker  calls  the 
other  members  to  the  front — usually  by  state  delegations— 
and  administers  the  oath  to  them.  Newly  elected  senators 
are  escorted  to  the  Vice  President's  desk,  usually  each  by 
his  state  colleague,  and  are  sworn  in  individually. 

Adoption  of  the  Rules. — After  the  administering  of  the 
oaths  of  office,  the  house  adopts  the  rules  of  the  preceding 
Congress  for  regulating  its  procedure  pending  the  adoption 


ORGANIZATION  OF  THE  TWO  HOUSES  199 

of  new  rules.  Usually  this  is  a  perfunctory  performance  and 
is  carried  through  without  opposition.  At  the  opening  of 
the  sixty-first  Congress,  however,  strong  opposition  was 
manifested  toward  the  old  rules  and  they  were  not  re- 
adopted  until  important  amendments  had  been  made  in 
them. 

After  the  adoption  of  the  rules  each  house  appoints  a 
committee  to  notify  the  other  of  its  readiness  for  business, 
and  the  two  then  appoint  a  joint  committee  to  inform  the 
President  of  the  United  States  that  Congress  is  ready  to 
receive  any  communication  that  he  may  be  pleased  to  make. 
The  message  of  the  President  is  then  laid  before  each  house 
and  the  business  of  Congress  proceeds. 

Quorum. — The  Constitution  provides  that  a  majority 
of  each  house  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  that  a  smaller  number  may  compel  the 
attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  prescribe. 

Old  Method  of  Counting  a  Quorum. — For  a  long  time  the 
method  of  ascertaining  whether  a  quorum  was  present  was 
by  a  roll  call.  If  the  roll  call  failed  to  show  the  presence  of 
a  majority,  the  speaker  ruled  that  no  quorum  was  present, 
even  though  every  member  of  the  house  was  actually  in  his 
seat.  In  the  course  of  time  this  rule  came  to  be  frequently 
abused  by  the  minority  for  the  purpose  of  preventing  con- 
sideration of  measures  to  which  it  was  opposed.  Thus  in 
January,  1890,  when  the  Republicans  had  only  a  slight 
majority  in  the  house  of  representatives,  the  Democrats 
were  able,  owing  to  the  absence  of  a  few  Republican  members, 
to  break  a  quorum  and  prevent  consideration  of  important 
measures,  by  refusing  to  answer  to  the  roll  call.  On  a 
notable  occasion  in  January,  1890,  the  roll  call  showed  161 
yeas,  2  nays,  and  not  voting  165,  the  165  who  refused  to 


200    ORGANIZATION   AND    PROCEDURE   OF    CONGRESS 

vote  being  Democrats  who  were  opposed  to  the  taking  up 
of  a  certain  measure  which  the  Republicans  desired  to  pass. 
Under  the  rules  the  roll  call  did  not  show  a  quorum  present, 
though  more  than  two  thirds  of  the  members  were  actually 
in  their  seats. 

The  New  Method.— The  Republican  majority  therefore 
adopted  a  new  rule,  that  members  who  were  actually  in 
their  seats  were  to  be  counted  by  the  speaker  as  present,  no 
matter  whether  they  voted  or  not.  The  action  of  Speaker 
Reed  in  enforcing  this  rule  raised  a  storm  of  protest  by  the 
minority,  but  he  courageously  stood  his  ground.  The  new 
rule  was  readopted  by  the  next  Congress  though  the  Demo- 
crats were  then  in  the  majority,  and  it  has  been  continued 
ever  since  with  the  exception  of  one  or  two  Congresses 
when  the  old  rule  was  reverted  to.  Much  of  the  business 
of  Congress  is  really  done,  however,  when  there  is  no  quorum 
present,  this  being  permissible  so  long  as  the  point  of  "no 
quorum"  is  not  raised  by  any  member. 

Open  Sessions. — The  ordinary  sessions  of  both  houses 
are  open  to  the  public,  though  until  1794  the  senate  held 
its  sessions  in  secret.  When  the  senate  goes  into  executive 
session,  as  it  may  do  when  it  is  considering  nominations  of 
the  President  to  public  office  or  is  engaged  in  considering 
treaties,  the  galleries  are  cleared,  the  doors  closed,  and  its 
deliberations  are  conducted  in  secret,  though  the  results  of 
its  transactions  usually  leak  out  in  some  way. 

Seating  of  Members. — Until  1913  each  member  of  each 
house  was  provided  with  a  seat  and  a  desk,  but  in  that  year 
the  desks  were  removed  from  the  house  of  representatives 
in  order  to  bring  the  members  nearer  together.  Prior  to 
that  date,  seats  were  assigned  to  members  by  lot  at  the 
opening  of  Congress,  but  the  leader  of  the  minority  party 
and  one  or  two  other  members  of  long  service  were  usually 


SEATING  OF  MEMBERS  201 

allowed  to  select  their  seats  without  resort  to  the  lot.  The 
Democrats  are  seated  on  the  right  of  the  speaker  and  the 
Republicans  on  the  left.  In  the  senate,  each  seat  as  it  be- 
comes vacant  is  assigned  to  the  member  who  first  makes  ap- 
plication for  it  to  the  presiding  officer.  The  house  chamber 
is  so  large  that  members  in  the  rear  seats  are  at  a  disadvan- 
tage, and  speech  making  is  carried  on  with  difficulty.  In 
1913,  however,  this  inconvenience  was  diminished  by  a 
reduction  in  the  size  of  the  hall  by  about  one  third  of  the 
floor  space.1  The  senate  chamber  is  less  spacious,  and 
debate  can  be  conducted  with  much  greater  satisfaction 
and  effectiveness.  It  would  be  a  great  advantage  if  the 
number  of  representatives  could  be  reduced  to  250  or  300 
so  as  to  make  the  house  less  unwieldy,  but  there  is  little 
probability  that  such  a  reform  will  ever  be  effected.  If 
smaller  in  size,  the  house  could  transact  its  business  with 
more  dispatch,  give  more  careful  consideration  to  bills,  and 
allow  members  a  greater  opportunity  for  discussion. 

Committees. — Obviously  an  assembly  of  more  than  400 
members  cannot  legislate  effectively  as  a  whole;  its  work 
must  be  done  largely  by  committees.  To  some  committee 
every  measure  and  every  petition  is  referred,  as  are  also 
the  various  recommendations  of  the  President.  In  the 
sixty-seventh  Congress  (1921-1923)  there  were  thirty-four 
standing  committees  in  the  senate  and  sixty  in  the  house. 
Usually  there  are  also  several  select  committees,  and 
occasionally  a  few  joint  committees.  In  the  senate,  the 
committees  vary  in  size  from  three  to  sixteen  members; 
in  the  house  from  three  to  thirty-five. 

The  most  important  committees  in  the  senate  are  those 
on  appropriations,  commerce,  finance,  foreign  relations,  in- 

1  Two  large  office  buildings  have  been  erected  near  the  Capitol  for 
the  use  of  members  of  both  houses. 


202     ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

terstate  commerce,  judiciary,  military  affairs,  naval  affairs, 
and  public  expenditures.  The  least  important  are  those 
on  disposition  of  useless  papers,  University  of  the  United 
States,  and  Revolutionary  claims,  since  there  is  little 
or  no  business  referred  to  them.  The  most  important 
committees  in  the  house  are  those  on  ways  and  means, 
appropriations,  banking  and  currency,  public  expenditures, 
foreign  affairs,  interstate  and  foreign  commerce,  judiciary, 
military  affairs,  naval  affairs,  public  buildings  and  grounds, 
rivers  and  harbors,  and  rules  (twelve  members  now,  for- 
merly five) .  The  least  important  is  that  on  the  disposition 
of  useless  papers.1  . 

Method  of  Choosing  Committees. — In  the  senate  committee 
assignments  are  nominally  made  by  the  senate  itself,  but 

1  There  are  obvious  objections  to  a  system  in  which  legislation  is 
necessarily  framed  to  a  large  extent  by  committees.  These  objections 
are  thus  stated  by  Mr.  Bryce  in  his  "American  Commonwealth  ": 

1.  It  destroys  the  unity  of  the  house. 

2.  It  prevents  the  capacity  of  the  best  members  from  being  brought 
to  bear  on  any  one  piece  of  legislation,  however  important. 

3.  It  cramps  debate. 

4.  It  lessens  the  cohesion  and  harmony  of  legislation  by  allowing 
each  committee  to  go  its  own  way  with  its  own  bills  just  as  though  it 
were  legislating  for  one  planet  and  the  other  committees  for  others. 

5.  It  gives  facilities  for  the  exercise  of  underhand  and  even  corrupt 
influence,  and  encourages  "log  rolling." 

6.  It  reduces  responsibility  by  dividing  it  among  different  com- 
mittees. 

7.  It  lowers  the  interest  of  the  nation  in  the  proceedings  of  Congress. 

8.  It  throws  power  into  the  hands  of  the  chairmen  of  committees, 
especially  those  which  deal  with  finance  and  other  great  national 
interests. 

The  chief  advantage  of  such  a  system  is  that  it  enables  the  house 
to  deal  with  a  far  greater  number  of  subjects  than  could  be  otherwise 
dealt  with,  and  thus  makes  possible  the  dispatch  of  a  vast  amount 
of  work,  especially  in  killing  off  worthless  bills. 


COMMITTEES  203 

in  reality  they  are  made  by  two_committees  on  committees 
selected  by  a  caucus  of  the  members  of  each  party,  the 
recommendations  of  the  two  committees  usually  being 
accepted  by  the  senate  without  debate.  Both  parties  are 
represented  on  each  committee,  the  dominant  party,  of 
course,  being  given  a  majority  of  the  places.  Thus  on  a 
committee  of  thirteen  members,  the  majority  party  is 
usually  represented  by  eight  members  and  the  minority 
by  five;  on  a  committee  of  seventeen,  the  numbers  are 
eleven  and  six  respectively,  and  so  on. 

In  the  house  of  representatives,  from  the  beginning  until 
very  recently,  all  the  committees  were  appointed  by  the 
speaker,  a  power  which  gave  him  great  influence  in  shap- 
ing and  determining  the  course  of  legislation,  since  he 
might  constitute  the  committees  with  reference  to  their 
friendliness  or  unfriendliness  toward  legislative  measures 
that  were  referred  to  them  for  investigation  and  report. 
In  making  committee  assignments,  however,  the  speaker 
was  not  entirely  free  to  follow  his  own  individual  prefer- 
ences. Thus  the  tradition  of  the  house  required  that  he 
must  take  into  consideration  the  claims  of  members  whose 
service  had  been  long  and  distinguished,  while  political 
gratitude  led  him  to  reward  with  desirable  committee 
assignments  those  to  whom  he  was  especially  indebted  for 
his  election  as  speaker.  Seniority  of  committee  service  was 
also  taken  into  account  when  the  chairmanship  of  an  im- 
portant committee  became  vacant,  the  next  ranking  mem- 
ber of  the  committee  having  a  strong  claim  to  be  promoted  to 
the  vacancy.  In  1911,  however,  the  house,  then  controlled 
by  the  Democrats,  adopted  a  rule  providing  for  the  election 
of  all  standing  committees  by  the  house ;  thus  making  the 
method  of  choosing  committees  the  same  as  in  the  senate. 

In  the  house,  the  chairmanship  of  every  committee, 


204       ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

whether  important  or  unimportant,  is  given  to  a  member 
of  the  dominant  party,  and  of  course  also  a  majority  of  the 
other  places  on  the  committee,  the  proportion  between  the 
representation  of  the  two  parties  being  about  the  same  as 
on  the  senate  committees. 

Introduction  and  Reference  of  Bills. — After  the  appoint- 
ment of  the  committees  the  house  is  ready  for  the  transac- 
tion of  legislative  business.  Bills  are  introduced  by  sending 
them,  indorsed  with  the  name  of  the  introducer,  to  the 
presiding  officer's  desk,  where  the  fact  of  presentation  is 
entered  on  the  journal  and  the  bill  is  given  a  number.1 
Thus  the  first  bill  introduced  at  the  beginning  of  a  new 
Congress  is  designated  as  "S.  i,"  if  presented  in  the  senate, 
and  "H.  R.  i,"  if  presented  in  the  house  of  representatives. 

Reference  to  Committees. — The  next  step  is  to  refer  the 
bill  to  a  committee  for  consideration,  and  in  the  meantime 
it  is  printed  and  placed  on  the  desks  of  members.  '  Refer- 

1  Private  bills  are  delivered  to  the  clerk  instead  of  to  the  speaker. 
The  distinction  between  a  public  bill  and  a  private  bill  is  that  the 
former  deals  with  matters  of  general  interest  to  the  public,  while  the 
latter  deals  with  matters  of  interest  to  a  single  individual  or  a  small 
class.  An  example  of  a  public  bill  is  one  regulating  commerce;  an 
example  of  a  private  bill  is  one  granting  a  pension  to  a  particular 
individual,  or  settling  a  claim  of  a  person  against  the  government. 
A  distinction  is  also  made  between  a  bill  and  a  resolution.  A  bill 
deals  with  matters  of  a  more  fundamental  and  permanent  character, 
while  a  resolution  deals  with  matters  of  a  more  temporary  and  tran- 
sient nature.  Resolutions  are  of  two  kinds:  joint  and  concurrent.  A 
joint  resolution  is  passed  like  a  bill  and  requires  the  approval  of  the 
President  but  is  cast  in  slightly  different  form  and  is  used  for  making 
small  appropriations,  the  creation  of  commissions,  proposal  of  amend- 
ments to  the  Constitution,  resolutions  to  admit  new  states,  ordering 
of  printing,  and  the  like.  A  concurrent  resolution  is  used  for  express- 
ing the  opinion  of  Congress  on  some  question  of  interest  to  that  body 
alone  and  is  not  submitted  to  the  President  for  his  approval. 


INTRODUCTION  AND  REFERENCE  OF  BILLS  20$ 

ence  to  the  appropriate  committee  is  usually  made  by  the 
presiding  officer,  though  the  house  may  direct  that  it  shall 
be  referred  to  a  particular  committee. 

Some  idea  of  the  mass  of  legislative  projects  referred  to 
the  committees  may  be  gained  from  the  fact  that  in  the 
sixtieth  Congress  27,114  bills  and  resolutions  were  intro- 
duced into  the  two  houses,  and  that  of  these,  7,839  were 
reported  by  the  committees  to  which  they  were  referred. 
We  have  here  a  good  illustration  of  the  necessity  of  the 
committee  system,  since  it  would  have  been  a  physical 
impossibility  for  either  house  as  a  whole  to  have  considered 
even  slightly  so  many  bills.  The  committees  sift  out  of 
the  mass  of  proposed  legislation  such  measures  as  they 
think  worthy  of  enacting  into  law,  and  report  their  rec- 
ommendations to  the  house  as  a  whole. 

Committee  Hearings. — Committees  charged  with  the  con- 
sideration of  important  bills  frequently  hold  public  hearings 
at  which  interested  parties  may  appear  and  present  argu- 
ments for  and  against  the  measures  under  consideration. 
Thus  the  ways  and  means  committee  of  the  house  in  1909 
held  public  hearings  at  Washington  for  many  weeks  on 
the  tariff  bill,  and  scores  of  persons  appeared  to  advocate 
lower  or  higher  rates  on  various  articles  on  which  duties 
were  to  be  imposed.  Frequently  members  who  introduce 
bills  appear  before  committees  and  urge  favorable  action. 
The  more  important  committees  in  each  house  have  a 
regular  day  in  each  week  for  meeting,  and  a  few  of  those  in 
the  house  of  representatives  meet  twice  a  week.  Most  of 
the  committees,  however,  have  no  regular  meeting  day, 
being  called  together  by  their  chairmen  as  occasion  requires. 

Forms  of  Committee  Action. — The  committee  to  which  a 
bill  is  referred  may  pursue  any  one  of  the  following  courses: 
(i)  It  may  report  the  bill  back  to  the  bouse  with  a  recom- 


206       ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

mendation  that  it  be  passed;  (2)  it  may  amend  the  bill 
and  recommend  that  it  be  passed  as  amended;  (3)  it  may 
throw  the  bill  aside  and  report  an  entirely  new  one  in  its 
place;  (4)  it  may  report  the  bill  unfavorably  with  a  recom- 
mendation that  it  do  not  pass;  (5)  it  may  "pigeonhole" 
the  bill,  that  is,  take  no  action  on  it  at  all,  or  report  it  so 
late  in  the  session  that  no  opportunity  is  allowed  for  its 
consideration.  The  latter  method  of  disposal,  sometimes 
called  "smothering,"  is  the  fate  that  awaits  the  great  ma- 
jority of  bills  introduced  into  Congress.  The  "smothering " 
of  bills  became  the  subject  of  so  much  complaint  among 
members  recently  that  the  rules  were  amended  so  as  to 
allow  members  to  demand  that  their  bills  be  reported  to 
the  house  for  consideration.  The  house,  of  course,  may  at 
any  time  instruct  a  committee  to  report  a  bill  for  its  action, 
but  this  is  rarely  done. 

The  report  to  the  house  is  usually  made  by  the  chairman 
of  the  committee,  or  some  one  designated  by  him.  Not 
infrequently  the  minority  members  of  the  committee  also 
make  a  report  opposing  the  recommendation  of  the  ma- 
jority. The  committee  system  of  legislation  is  so  thor- 
oughly established  in  Congress  that  a  bill  favorably  reported 
stands  an  excellent  chance  of  being  passed,  while  one  ad- 
versely reported  hardly  ever  passes. 

Rules  of  Procedure. — The  Constitution  provides  that 
each  house  may  frame  its  own  rules  of  procedure,  though 
it  requires  certain  things  to  be  done  in  the  interest  of  pub- 
licity and  to  insure  a  reasonable  degree  of  careful  delibera- 
tion. Thus  each  house  is  required  to  keep  and  publish  a 
journal  which  must  show  how  motions  are  disposed  of  and 
the  vote  for  and  against  measures  voted  on.  It  also  requires 
that  on  demand  of  one  fifth  of  the  members  present  the 
yeas  and  nays  upon  a  measure  shall  be  entered  upon  the 


RULES  OF  PROCEDURE  207 

journal.  The  purpose  of  this  provision  is  to  enable  a  small 
number  of  members  to  put  the  house  on  record  so  that  the 
people  may  know  how  their  representatives  have  voted  on 
important  measures. 

Filibustering. — This  requirement  serves  a  useful  purpose, 
but  it  is  sometimes  taken  advantage  of  by  the  minority  in 
"  filibustering,"  that  is,  in  obstructing  and  delaying  legis- 
lative proceedings.  Thus  a  member  may  move  to  adjourn 
or  to  take  a  recess  and  ask  that  the  roll  be  called  and  the 
yeas  and  nays  on  the  question  be  entered  upon  the  journal. 
If  one  fifth  of  the  members  join  in  the  demand,  the  roll 
must  be  called  and  the  process  may  be  repeated  indefinitely. 
On  one  occasion  in  the  fiftieth  Congress  the  house  re- 
mained in  session  eight  days  and  nights,  during  which  time 
there  were  over  one  hundred  roll  calls  on  motions  of  this  kind. 

The  Rules  of  the  House  of  Representatives  have  evolved 
gradually  out  of  the  experience  of  the  house  during  its 
long  existence,  and  have  come  to  be  so  complex  and  elab- 
orate that  they  are  really  understood  by  only  a  few  of 
the  members,  principally  those  who  have  had  long  experi- 
ence in  administering  them.  They  have  been  revised  from 
time  to  time,  but  except  in  a  few  particulars  they  are  es- 
sentially what  they  were  in  1880.  They  prescribe  a  certain 
order  of  business  for  .each  day's  work,  which,  however,  may 
be  departed  from  by  unanimous  consent  of  all  the  mem- 
bers or  by  the  adoption  of  a  "special  order"  reported  by 
the  committee  on  rules. 

Committee  of  the  Whole. — Revenue  and  appropriation 
bills  are  considered  by  the  house  of  representatives  in  com- 
mittee of  the  whole.  When  the  house  goes  into  committee 
of  the  whole,  the  speaker  leaves  the  chair  and  calls  some  one 
else  to  preside  in  his  place,  and  the  presence  of  100  members 
constitutes  a  quorum.  Debate  in  committee  of  the  whole 


208      ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

is  conducted  rather  informally,  and  greater  freedom  of  dis- 
cussion is  allowed.  It  is  when  in  committee  of  the  whole 
that  many  of  the  lengthy  speeches  printed  in  the  Congres- 
sional Record  are  supposed  to  be  delivered.  In  reality, 
however,  only  a  small  portion  of  these  speeches  are  actually 
delivered,  for  members  after  addressing  the  house  a  few 
minutes  often  secure  leave  to  print  the  remainder  of  their 
remarks.  Under  this  leave,  members  frequently  print  long 
speeches  which  have  little  or  no  relation  to  the  subject 
under  consideration  but  are  intended  for  campaign  pur- 
poses or  for  effect  upon  their  constituents.  They  are  then 
franked  through  the  mails  to  the  voters  throughout  the 
district  which  the  member  represents. 

If  the  bill  is  a  private  bill,  it  is  called  up  for  consideration 
on  Friday,  which  is  private  bill  day.  Most  of  the  private 
bills  are  reported  from  the  committees  on  claims  and  on 
pensions.  Six  or  seven  thousand  such  bills  are  passed  by 
each  Congress,  and  they  constitute  about  nine  tenths  of 
the  entire  number  enacted. 

Suspension  of  the  Rules. — The  regular  order  of  business 
may  be  departed  from  at  any  time  on  the  demand  of  privi- 
leged committees  like  those  on  ways  and  means,  appropria- 
tions, elections,  rules,  and  a  few  others  which  have  a  sort 
of  right  of  way  in  the  house,  because  of  the  urgent  character 
of  the  matters  with  which  they  deal.  Furthermore,  by 
unanimous  consent,  often  granted,  a  particular  member  is 
allowed  to  bring  up  a  bill  for  consideration  outside  the  reg- 
ular order.  Finally,  on  two  Mondays  in  every  month  and 
during  the  last  six  days  of  the  session,  the  rules  may  be  sus- 
pended by  a  two- thirds  vote  and  measures  to  which  there 
is  little  objection  may  be  quickly  passed  and  thus  the  busi- 
ness of  the  house  expedited. 

The  Speaker  and  the  Committee  on  Rules. — No  discus- 


THE  SPEAKER  AND  THE  COMMITTEE  ON  RULES     209 

sion  of  the  procedure  of  the  house  of  representatives  would 
be  adequate  without  a  consideration  of  the  part  played  by 
the  speaker  and  the  committee  on  rules  in  determining  the 
course  and  character  of  legislation. 

Powers  of  the  American  Speaker. — The  American  speaker, 
unlike  the  speaker  of  the  English  House  of  Commons,  is 
not  merely  the  presiding  officer  of  the  house,  but  he  is  an 
active  party  leader  who  seldom  hesitates  to  give  members 
of  his  own  party  every  possible  advantage  in  the  course  of 
debate.  His  right  to  appoint  the  committees  of  the  house 
until  1911  gave  him  increased  power  over  the  shaping  of 
legislation,  because  of  the  fact  that  the  legislation  of  the 
house  has  come  to  be  legislation  largely  by  its  committees. 
He  gave  the  members  of  his  own  party  all  the  chairman- 
ships of  committees,  as  well  as  a  majority  of  the  places 
on  every  committee,  so  that  they  easily  controlled  the 
work  of  the  committees  and  hence  of  the  house  itself. 

Moreover,  until  1910,  his  power  of  recognition,  that  is, 
the  power  to  grant  or  withhold  the  right  of  discussion,  en- 
abled him  to  a  large  degree  to  prevent  consideration  of 
measures  to  which  he  was  opposed  and  to  cut  off  debate 
by  members  of  the  minority  party. 

Criticism  of  the  Speaker. — This  power  of  the  speaker  was 
the  subject  of  increasing  complaint  among  the  members 
of  the  house,  especially  by  those  of  the  minority,  who 
asserted  that  they  were  allowed  little  or  no  opportunity 
for  debate.  The  demands  for  recognitions,  however,  were 
so  numerous  that  the  speaker  could  not  grant  all  the  re- 
quests that  were  made.  The  speaker's  denial  of  the  right 
of  debate  in  many  cases,  together  with  the  necessity  of 
going  to  his  room  in  advance  in  order  to  secure  a  promise 
of  recognition,  led  in  1910  to  a  revolt  against  the  rules  by 
a  wing  of  the  Republican  party  (the  "insurgents"))  who 
Govt.  U.S.— IA 


210      ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

joined  with  the  Democrats  and  brought  about  several 
amendments  to  the  rules,  one  of  which  is  designed  to  do 
away  with  the  chief  source  of  complaint  in  regard  to  the 
power  of  recognition. 

Committee  on  Rules. — Still  another  source  of  the  speaker's 
power  until  1910  was  his  control  of  the  committee  on  rules. 
The  committee  consisted  of  five  members,  two  from  the 
majority,  two  from  the  minority,  and  the  speaker,  who 
was  the  fifth  member.  The  speaker  appointed  his  four 
associates  on  the  committee  and  thereby  controlled  its 
decisions.  If  he  wished  at  any  time  to  have  the  house 
take  up  a  bill  at  the  bottom  of  the  calendar  instead  of 
one  at  the  top,  or  in  any  other  respect  depart  from  the 
established  order  of  procedure,  he  could  call  the  committee 
together  (it  was  the  one  committee  that  had  the  right  to 
meet  when  the  house  was  in  session)  and  have  it  report 
what  was  called  a  "special  order,"  to  that  effect — an  order 
which  the  house  usually  adopted.  The  opposition  to  the 
power  of  this  committee  and  more  especially  to  its  domi- 
nation by  the  speaker  led  in  1910  to  the  adoption  of  a  rule 
depriving  the  speaker  of  membership  on  the  committee, 
increasing  its  size  from  five  to  eleven,  and  taking  the  ap- 
pointment of  the  committee  out  of  his  hands.  Since  then 
it  has  been  elected  by  the  house,  and  is,  it  is  asserted,  a 
more  representative  committee. 

Caucus  Methods. — It  is  a  common  practice  for  the 
representatives  of  each  party  to  hold  a  caucus  before  the 
beginning  of  the  debate  upon  an  important  measure, 
especially  one  of  a  political  character,  for  the  purpose  of 
deciding  what  shall  be  the  policy  of  the  party  toward  the 
measure.  Sometimes  a  rule  is  adopted  by  the  caucus 
binding  the  members  of  the  party  to  vote  for  or  against 
the  bill  on  the  floor.  Thus  in  1913  caucuses  of  Demo- 


CAUCUS   METHODS  211 

cratic  senators  and  representatives  declared  the  tariff  and 
currency  bills  to  be  party  measures  and  pledged  the  mem- 
bers to  vote  for  the  bills  without  amendment.  This 
practice  has  been  criticized  on  the  ground  that  where 
members  have  bound  themselves  to  vote  for  a  bill  before 
it  has  been  discussed  on  the  floor,  debate  is  useless  since 
their  minds  are  no  longer  open  to  argument.  Perhaps  a 
better  procedure  would  be  to  hold  the  caucus  after  the  dis- 
cussion has  terminated  but  before  the  final  vote  is  taken. 

Final  Stages  of  Procedure. — The  rules  of  the  house  of 
representatives  restrict  the  time  which  may  be  occupied 
by  any  member  in  debating  a  measure  to  one  hour,  and 
this  cannot  be  exceeded  except  by  unanimous  consent.  If 
he  chooses,  he  may  yield  a  portion  of  his  time  to  some  other 
member.  The  chairman  who  reports  the  bill  usually  opens 
the  discussion.  He  is  followed  by  the  ranking  member 
of  the  minority  on  the  committee,  and  these  are  followed 
by  other  members  of  the  committee  in  their  turn. 

The  Previous  Question. — After  the  discussion  has  pro- 
ceeded for  a  time,  debate  may  be  terminated  and  the  house 
brought  to  a  vote  by  means  of  the  previous  question,  which 
is  moved  in  the  form,  "  Shall  the  main  question  now  be 
put?  "  When  ordered  by  the  house  it  ends  debate  and  brings 
the  house  directly  to  a  vote.  This  is  an  effective  method 
for  putting  an  end  to  useless  discussion  of  a  measure  and 
taking  the  sense  of  the  house  on  its  passage.  It  is  a  common 
form  of  procedure  in  legislative  bodies,  though  the  senate, 
until  1917,  had  no  way  of  limiting  debate. 

Voting  on  Bills. — Questions  on  the  passage  of  bills  are 
put  by  the  speaker  as  follows :  "  As  many  as  are  in  favor 
say  aye  ";  "As  many  as  are  opposed  say  no  ";  the  speaker 
determining  the  result  by  the  sound  of  the  voices.  If  there 
is  a  doubt  as  to  which  side  has  prevailed,  a  "  division  "  is 


212      ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

called  for,  in  which  case  those  in  favor  rise  and  are  counted, 
after  which  those  who  are  opposed  rise  and  are  counted. 
If  there  is  still  doubt  as  to  the  result,  "tellers"  may  be 
appointed  to  determine  the  vote,  in  which  case  those  in 
favor  of  the  measure  file  between  the  two  tellers,  who 
make  a  careful  count,  after  which  those  opposed  pass  be- 
tween them  and  are  similarly  counted.  If  one  fifth  of  the 
members  demand  that  a  yea  and  nay  vote  be  taken,  the 
clerk  must  call  the  roll  and  record  each  member's  vote,  and 
the  result  is  published  in  the  journal  so  that  the  way  in 
which  a  member  votes  may  be  known  to  his  constituents 
and  all  others  who  may  be  interested. 

Passage  by  the  Second  House. — When  a  bill  is  passed  by 
one  house,  it  is  signed  by  the  presiding  officer,  after  which 
it  is  transmitted  to  the  other  house,  where  it  goes  through 
practically  the  same  stages  of  procedure  as  described  above, 
If  the  bill  is  passed  by  the  other  house  without  amendment 
it  is  "enrolled,"  after  which  it  is  ready  for  the  signature 
of  the  President.  If,  however,  a  bill  as  passed  by  one  house 
is  amended  by  the  other,  it  is  customary  to  appoint  a  con- 
ference committee,  consisting  usually  of  three  members 
from  each  house,  to  discuss  the  differences  and  suggest  a 
basis  of  compromise.  The  committee  usually  recommends 
that  each  house  recede  from  its  position  on  certain  points, 
and  the  result  is  reported  to  each  house,  which  usually 
accepts  the  agreement  and  the  bill  is  passed.  Many  im- 
portant bills  are  finally  passed  in  this  way,  though  occa- 
sionally the  two  houses  fail  to  reach  an  agreement  and  the 
bill  fails. 

Approval  of  the  President. — When  the  bill  is  presented  to 
the  President  he  is  allowed  ten  days  to  make  up  his  mind 
as  to  whether  be  will  sign  or  disapprove  it.  If  he  refuses 
to  sign  it,  he  usually  returns  it  to  the  house  in  which  it 


FINAL  STAGES  OF  PROCEDURE  213 

originated,  wkh  a  statement  of  his  objections,  after  which 
the  house  must  proceed  to  reconsider  it,  and  if  it  is  passed 
by  a  two-thirds  vote  it  is  sent  to  the  other  chamber  and  if 
repassed  by  it  by  a  two-thirds  vote  it  becomes  a  law  not- 
withstanding the  veto  of  the  President.  But  in  such  cases 
the  yeas  and  nays  must  be  entered  on  the  journal  of  each 
house  so  that  the  record  may  show  that  the  bill  was  properly 
passed.  In  case  the  President  does  not  approve  the  bill 
and  neglects  to  return  it  within  ten  days  to  the  house  in 
which  it  originated,  it  becomes  law  in  the  same  manner  as 
if  he  had  signed  it,  unless  Congress  should  adjourn  in  the 
meantime  so  that  it  cannot  be  returned,  in  which  case  it 
does  not  become  law.  As  a  large  number  of  bills  are  usually 
sent  to  the  President  during  the  last  ten  days  of  the  session, 
an  opportunity  is  thus  afforded  him  for  defeating  bills  by 
neither  signing  nor  vetoing  them.  This  method  of  defeat- 
ing bills  is  popularly  described  by  the  term  "pocket  veto," 
a  procedure  sometimes  resorted  to  where  the  President  does 
not  approve  a  bill  and  yet  does  not  wish  to  take  the  re- 
sponsibility for  positively  vetoing  it. 

Procedure  in  the  Senate. — In  the  senate,  partly  by  reason 
of  its  small  size,  partly  by  reason  of  its  permanence,  and 
partly  by  reason  of  the  tradition  of  senatorial  courtesy, 
the  procedure  is  somewhat  different  from  that  of  the  house 
of  representatives.  For  example,  the  senate  rules  are  per- 
manent, that  is,  they  continue  from  one  Congress  to  an- 
other and  do  not  have  to  be  adopted  anew  every  two 
years. 

The  President  of  the  Senate  is  little  more  than  a  moderator; 
indeed,  he  may  belong  to  a  different  political  party  from 
that  which  is  in  control  of  the  chamber — a  situation  that 
never  happens  in  the  house.  He  does  not  appoint  the  com- 
mittees of  the  senate,  and  so  has  no  power  of  predetermin- 


214      ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

ing  the  character  of  legislation.  Moreover,  he  has  no  power 
to  control  debate  through  the  power  of  recognition.  The 
traditions  of  the  senate  require  that  he  shall  recognize  the 
first  senator  who  rises  to  speak,  and  that  he  shall  treat  the 
members  of  both  parties  impartially  in  according  recogni- 
tion for  purposes  of  debate. 

Unlimited  Debate. — Until  1917  one  of  the  usages  of  the 
senate  was  the  right  of  unlimited  debate.  Owing  to  the 
small  size  of  the  senate,  much  greater  freedom  of  discussion 
is  possible  than  in  the  house  of  representatives,  where  there 
are  more  than  four  times  as  many  members.  Debate  can 
also  be  conducted  with  much  more  ease  and  is  much  more 
effective,  since  the  size  of  the  hall  is  smaller  and  members 
are  not  under  the  necessity  of  speaking  at  the  top  of  their 
voices.  While  a  member  of  the  house  can  rarely  get  an 
opportunity  to  deliver  a  speech  and  then  only  for  a  few 
minutes,  a  senator  may  usually  speak  as  long  as  he  pleases. 
Advantage  of  this  privilege  is  frequently  taken  by  senators 
to  deliver  long  speeches,  not  so  much  to  convince  their 
colleagues,  as  to  get  their  views  before  the  country  at  large 
or  to  make  an  impression  on  their  constituents  at  home. 
Under  the  rules  as  they  were  before  1917,  there  was  no  limit 
to  a  senator's  right  to  debate.  The  privilege  was  made 
use  of  occasionally  near  the  close  of  a  session  for  "  filibus- 
tering "  purposes.  Thus  a  few  senators  with  strong  lungs, 
large  vocabularies,  and  a  liberal  supply  of  documents  from 
which  to  read,  might  consume  the  time  of  the  senate  for 
weeks  and  prevent  it  from  acting  on  measures  to  which 
they  were  opposed.  Many  times  in  our  history  a  single 
senator  has  forced  the  senate  to  abandon  the  consideration 
of  important  measures,  by  threatening  to  consume  the  re- 
maining time  of  the  session  by  speech  making.  In  the 
last  days  of  one  session  of  Congress,  a  senator  from  Wiscon- 


PROCEDURE  IN  THE  SENATE          215 

sin  spoke  continuously  for  more  than  seventeen  hours  in 
an  effort  to  prevent  action  on  a  currency  bill.  Near  the 
end  of  the  64th  Congress  (March,  1917)  a  small  group  of 
senators  filibustered  to  prevent  the  senate  from  taking  a 
vote  on  a  bill  to  give  the  President  authority  to  arm  Ameri- 
can merchant  vessels  for  defensive  purposes,  notwithstand- 
ing the  fact  that  nearly  all  the  other  senators  desired  to 
pass  the  bill.  Shortly  thereafter  the  senate  adopted  a  new 
rule  which  makes  it  possible,  by  a  two-thirds  vote,  to  limit 
the  debate  on  any  measure  to  one  hour  for  each  senator. 
The  rule  was  applied  in  November,  1919,  to  bring  to  an 
end  protracted  discussion  of  the  treaty  of  peace  with  Ger- 
many. 

References.  —  BEARD,  American  Government  and  Politics,  ch.  xiv. 
BRYCE,  The  American  Commonwealth  (abridged  edition) ,  chs.  xiii-xv. 
HART,  Actual  Government,  ch.  xiv.  HARRISON,  This  Country  of 
Ours,  ch.  iii.  REINSCH,  American  Legislatures  and  Legislative 
Methods,  ch.  i. 

Documentary  and  Illustrative  Material. — i.  The  Congressional 
Directory.  2.  The  House  and  Senate  Rules.  3.  Precedents  of  the 
House  of  Representatives,  published  as  a  public  document  in  1909. 
4.  The  Congressional  Record.  5.  Specimen  copies  of  bills  and  resolu- 
tions. 6.  The  last  annual  message  of  the  President.  7.  Copies  of 
committee  reports.  8.  Veto  messages  of  the  President.  9.  Diagrams 
of  the  house  and  senate  chambers. 

RESEARCH  QUESTIONS 

1.  Why  are  rules  of  procedure  necessary  in  legislative  bodies? 

2.  For  what  purpose  does  the  Constitution  require  each  house  to 
keep  a  journal  of  its  proceedings? 

3.  Which  do  you  think  the  better  practice,  the  American  rule,  by 
which  each  house  of  Congress  settles  election  contests  of  its  own 
members,  or  the  English  rule,  which  places  that  power  hi  the  hands 
of  the  courts? 

4.  What  is  the  reason  for  allowing  a  small  number  of  members  of 
each  house  to  compel  the  attendance  of  absent  members? 


2l6      ORGANIZATION  AND  PROCEDURE  OF  CONGRESS 

5.  Under  what  conditions  may  each  house  punish  outsiders  ? 

6.  What  is  your  opinion  of  the  English  rule  which  allows  forty 
members  out  of  a  total  of  six  hundred  and  seventy  members  to  con- 
stitute a  quorum  ? 

7.  Why  should  senators  and  representatives  be  privileged  from 
arrest  for  any  but  serious  offenses  ? 

8.  What  are  the  principal  differences  between  the  rules  of  pro- 
cedure of  the  senate  and  the  house  of  representatives  ? 

9.  Do  you  think  it  would  be  a  wise  provision  to  permit  the  mem- 
bers of  the  cabinet  to  occupy  seats  in  Congress  without  the  right  to 
vote  ? 

10.  Trace  a  bill  through  Congress,  showing  the  various  stages 
through  which  it  must  pass  before  becoming  a  law. 

11.  Of  what  committees  is  your  representative  a  member?    Is  he 
chairman  of  any  committee? 

12.  Do  you  think  the  minority  party  should  be  given  a  larger  repre- 
sentation on  the  committees  of  Congress  and  larger  privileges  of  de- 
bate? 

13.  Give  the  names  of  the  five  most  distinguished  speakers  of  the 
house  of  representatives  since  1789. 

14.  Why  is  debate  more  effective  in  the  senate  than  in  the  house  of 
representatives? 

15.  Which  of  the  two  houses  exerts  the  greater  influence  in  deter- 
mining national  legislation?    Give  your  reasons. 

16.  What  are  some  of  the  so-called  "usurped"  powers  now  exer- 
cised by  the  senate  ? 

17.  Define    the    functions    of    the    following:    "floor   leader," 
"  whip, "  "  minority  leader,"  "  steering  committee." 


CHAPTER  XII 

FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

The  National  Taxing  Power. — The  lack  of  the  power  of 
Congress  to  levy  taxes  was,  as  we  have  seen,  one  of  the  chief 
weaknesses  of  the  Articles  of  Confederation,  voluntary 
contributions  by  the  states  being  the  chief  source  of  revenue 
for  the  national  government.  When,  therefore,  the  framers 
of  the  Constitution  came  to  deal  with  this  subject,  they 
wisely  provided  that  Congress  should  have  power  to  levy 
and  collect  its  own  revenues.  The  power  conferred  is  al- 
most absolute,  the  only  limitations  being  that  no  duties 
shall  be  levied  upon  exports;  that  excises  and  duties  levied 
on  imports  shall  be  uniform  throughout  the  United  States, 
that  is,  they  shall  be  the  same  in  amount  on  a  given  article 
everywhere;  and  that  where  direct  taxes  (except  income 
taxes)  are  levied,  they  shall  be  apportioned  among  the 
states  on  the  basis  of  population. 

Forms  of  Federal  Taxes. — The  two  general  forms  of 
taxes  recognized  by  the  Constitution  are  direct  and  in- 
direct taxes.  The  only  direct  taxes  (except  income  taxes), 
in  the  sense  of  the  Constitution  of  the  United  States,  are 
poll  taxes,  and  taxes  on  real  or  personal  property,  all  of 
which  are  required  to  be  apportioned  among  the  states  on 
the  basis  of  population,  whenever  they  are  levied. 

On  account  of  the  obvious  injustice  of  levying  a  tax  on 

217 


2l8        FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

the  states  on  the  basis  of  population,  inasmuch  as  there 
might  easily  be  twice  as  much  property  in  one  state  as 
in  another  having  the  same  population,  this  method  has 
fallen  into  general  disuse.  Indeed,  it  has  been  resorted  to 
by  Congress  only  five  times  in  our  history,  and  then  only 
for  very  short  periods  in  each  case.  It  does  not  seem  likely 
that  this  method  of  federal  taxation  will  ever  again  be 
resorted  to. 

Until  recently  the  two  principal  sources  of  federal 
revenue  have  been  duties  on  imports,  and  internal  revenue, 
or  excise  taxes,  on  certain  articles  produced  in  this  country. 

Customs  Duties.  —  Specific  and  Ad  Valorem.  —  Customs 
duties  are  taxes  levied  on  articles  imported  into  the  United 
States  from  abroad.  They  are  of  two  kinds,  specific  and 
ad  valorem.  Specific  duties  are  those  levied  on  the  articles 
according  to  their  weight  or  measurement  without  regard 
to  their  value.  Thus  a  duty  of  one  and  a  half  cents  a  pound 
on  imported  tin  plate,  or  five  cents  a  pound  on  dyestuffs,  or 
ten  cents  a  yard  on  silk  would  be  specific.  An  ad  valorem 
tax  is  one  levied  with  reference  to  the  value  of  the  article. 
Thus  a  duty  of  50  per  cent  on  the  value  of  imported  woolen 
goods  is  an  example  of  an  ad  valorem  duty.  Sometimes 
both  forms  of  duty  are  levied  on  the  same  article. 

In  favor  of  the  specific  duty  is  the  ease  of  collection,  since 
the  article  has  only  to  be  weighed  or  measured  and  then 
assessed.  But  it  is  often  inadequate,  since  one  yard  of  cloth 
or  one  pound  of  dye  may  be  many  times  more  valuable  than 
another,  and  so  with  many  other  articles.  One  practical 
objection  to  the  ad  valorem  method  is  the  opportunity  which 
is  afforded  for  fraud  in  the  matter  of  valuation,  since  in 
many  cases  it  is  difficult  to  ascertain  the  real  value  of  the 
article  taxed. 

The  Protective  Tariff.  —  From  the  beginning  of  our  exist- 


CUSTOMS  DUTIES  219 

ence  as  a  nation,  reliance  upon  customs  duties  as  a  chief 
source  of  revenue  has  been  a  part  of  our  established  policy. 
In  1921  the  receipts  from  this  source  were  $308,025,102; 
and  in  many  earlier  years  they  were  nearly  half  of  the  en- 
tire ordinary  income  of  the  national  government.  Great 
diversity  of  opinion,  however,  has  existed  in  regard  to  what 
articles  should  be  taxed  and  the  amount  that  should  be 
imposed.  The  Republican  party  has  always  insisted  upon 
a  tariff  not  only  for  revenue  but  also  for  protection  to 
American  industries  and  American  labor  against  the  cheap 
labor  of  the  Old  World.  The  Democratic  party,  on  the 
other  hand,  has  generally  opposed  the  protective  feature 
and  insisted  upon  a  tariff  primarily  for  revenue.1 

The  Preparation  of  a  Tariff  Bill  devolves  upon  the  ways 
and  means  committee  of  the  house  of  representatives,  where 
all  revenue  bills  must  originate.2  In  1916  Congress  pro- 
vided for  the  creation  of  a  bi-partisan  Tariff  Commission 
to  investigate  the  operation  of  tariff  laws  and  to  make 
reports  with  a  view  to  furnishing  Congress  with  information 
for  its  guidance  in  the  preparation  of  tariff  bills. 

The  Maximum  and  Minimum  Principle. — In  1909  Con- 
gress adopted  for  the  first  time  the  maximum  and  minimum 
principle  of  fixing  tariff  rates.  The  law  provided  for  a 
maximum  and  a  minimum  rate  on  many  articles  and  au- 
thorized the  President  to  apply  the  minimum  rate  to  goods 
imported  from  countries  which  extend  the  same  concession 

1  But  in  1916  a  Democratic  Congress  laid  a  protective  tariff  on 
imported  dyestuffs  to  encourage  a  home  industry. 

2  The  senate,  however,  has  the  right  to  propose   amendments. 
Thus  the  tariff  bill  of  1894  was  amended  by  the  senate  in  nearly  a 
thousand  particulars.    Again,  the  tariff  bill  of  1909  was  so  altered  by 
the  senate  that  it  was  in  many  respects  a  new  bill,  and  the  differences 
between  the  two  houses  were  settled  by  a  conference  committee. 


220       FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

to  articles  imported  by  their  citizens  from  the  United  States, 
and  to  apply  the  maximum  rate  to  others.  This  provision, 
however,  was  not  retained  in  the  tariff  act  of  1913. 

Reciprocity  Treaties. — At  various  times  in  the  past,  reci- 
procity treaties  have  been  negotiated  with  foreign  coun- 
tries by  which  it  was  provided  that  lower  rates  should  be 
levied  on  articles  imported  from  such  countries  in  return 
for  reciprocal  concessions  of  a  similar  kind  from  them ;  or 
that  there  should  be  free  admission  of  articles  by  one  coun- 
try from  the  other. 

Collection  of  Customs  Duties. — The  collection  of  the 
customs  duties  is  part  of  the  work  of  the  treasury  depart- 
ment. The  country  is  divided  into  collection  districts,  in 
each  of  which  there  are  one  or  more  ports  of  entry  and 
customhouses  at  which  all  imported  goods  must  be  landed. 
In  each  district  there  are  a  collector  and  a  corps  of  ap- 
praisers, weighers,  gaugers,  surveyors,  and  the  like. 

By  far  the  most  important  port  of  entry  in  the  United 
States  is  the  city  of  New  York,  where  the  aggregate  re- 
ceipts amount  to  about  two  thirds  of  the  total  receipts 
from  customs  duties  in  the  United  States.  Until  recently 
a  number  of  the  collection  districts,  however,  were  un- 
important, and  in  a  few  the  expenses  of  administration 
exceeded  the  receipts.  Thus  the  receipts  of  the  George- 
town (S.  C.)  district  in  1910  were  only  $49.38,  while  the 
expenses  were  $265 ;  the  receipts  of  the  Rock  Island  (111.) 
district  were  $51.79  and  the  expenses  $660;  the  receipts 
of  the  Saco  (Me.)  district  were  $9.08  and  the  expenses 
$753.92.  In  pursuance  of  an  act  of  Congress,  passed  in 
1912,  the  President  has  recently  abolished  or  consolidated 
many  of  these  districts,  so  that  the  number  is  now  only  49, 
whereas  formerly  it  was  126.  For  a  long  time  the  sec- 
retary of  the  treasury  had  urged  Congress  to  authorize 


COLLECTION  OF  CUSTOMS   DUTIES  221 

this  reform, .  mainly  in  the  interest  of  economy,  but  it 
acted  tardily. 

When  goods  are  purchased  abroad  to  be  imported  into 
the  United  States,  the  importer  files  with  the  United  States 
consul  at  the  foreign  port  from  which  they  are  to  be  exported 
an  invoice  containing  a  list  of  the  goods  and  a  statement 
of  their  value  at  the  place  where  manufactured  or  pro- 
duced. The  consul  certifies  to  the  correctness  of  the  in- 
voice and  sends  a  copy  to  the  collector  of  the  port  at  which 
the  goods  are  to  be  landed. 

Appraisals. — Upon  arrival  in  the  United  States,  the 
cargo  is  examined  by  the  customs  officers  to  see  that  it 
corresponds  with  the  description  contained  in  the  invoice. 
If  it  is  found  that  the  goods  are  undervalued  the  value 
will  be  raised  by  the  appraiser.  If  there  is  evidence  of 
fraud,  the  goods  will  be  confiscated  or  a  heavy  fine  imposed 
on  the  importer.1 

There  is  a  general  board  of  appraisers  to  which  appeals 
may  be  taken  by  the  importer  on  questions  of  valuation, 
and  recently  there  has  been  created  a  United  States  court  of 
customs  appeals  for  the  determination  of  various  questions 
arising  in  the  administration  of  the  tariff  laws. 

Internal  Revenue  Taxes. — The  second  important  source 
of  federal  income  is  excise  taxes,  or  what  are  popularly 
known  as  internal  revenue  duties,  that  is,  taxes  on  com- 
modities produced  in  the  United  States. 
1     The  Receipts  from  internal  revenue  taxes  as  compared 

1  If  the  importer  for  any  reason  does  not  desire  to  remove  his  goods 
immediately  and  pay  the  duty  thereon,  he  may  store  them  in  a  govern- 
ment warehouse  by  giving  a  bond  for  double  the  amount  of  their 
value.  He  may  then  withdraw  them  at  any  time  within  a  year  upon 
the  payment  of  the  duties.  If  they  are  reexported  the  payment  of 
duties  is  not  required. 


222       FEDERAL  FINANCE,  TAXATION,  AND   MONEY 

with  those  from  customs  duties  were  inconsiderable  before 
the  Civil  War.  In  1862,  however,  Congress  passed  a  com- 
prehensive internal  revenue  law  which  increased  the  tax 
on  liquors  and  levied  a  tax  on  tobacco,  besides  license  taxes 
on  various  trades  and  occupations.  So  many  articles  were 
taxed  that  the  revenue  from  this  source  in  1866  amounted 
to  more  than  $309,000,000,  the  largest  sum  collected  in  one 
year  from  internal  revenue  taxes  until  1915.  In  1917,  in 
consequence  of  the  war,  the  rates  of  many  taxes  were  in- 
creased and  new  taxes  were  levied  on  freight  and  passen- 
ger transportation,  express  charges,  telegrams,  insurance 
policies,  theater  tickets,  automobiles  and  many  other 
articles,  and  a  great  variety  of  business  transactions,  such 
as  stock  transfers,  bond  issues,  etc.  For  some  purposes 
the  taxes  on  incomes,  profits,  and  inheritances  (page  224) 
are  called  internal  revenue.  The  following  are  the  principal 
items  of  internal  revenue  in  the  year  ending  June  30,  1921 : 

Income  and  profits  tax $3,228,137,673 

Distilled  spirits 82,623,428 

Tobacco 255,219,385 

Estate  inheritance  tax 154,043,260 

Tax  on  sales 282,222,065 

Tax  on  tickets  of  admission        ....  95,89^,650 

Tax  on  corporations 81,525,652 

Tax  on  bonds,  stock  issues  and  transfers,  etc.  72,468,013 
Tax  on  transportation,  telegraph  and  tele- 
phone        301,512,413 

Collection  of  Internal  Revenue  Taxes. — For  conven- 
ience in  collecting  internal  revenue  taxes,  the  country  is 
divided  into  some  sixty  districts,  not  by  act  of  Congress  as 
is  the  case  with  customs  districts,  but  by  the  order  of  the 
President.  Sometimes  several  states  are  grouped  into  one 
district ;  sometimes  a  state  is  divided  into  several  districts. 
Thus  there  are  four  districts  in  Illinois,  six  in  New  York,  and 
five  in  Kentucky.  In  each  district  there  is  a  collector  who 


COLLECTION  OF  INTERNAL  REVENUE  TAXES       223 

acts  under  the  supervision  of  the  United  States  Internal 
Revenue  Commissioner.  The  collection  of  internal  revenue 
taxes  is  a  much  more  simple  task  than  the  collection  of  cus- 
toms duties,  and  is  done  for  the  most  part  by  the  sale  of 
stamps  to  the  manufacturer,  who  is  required  to  affix  them  on 
the  articles  taxed.  In  assessing  the  tax  on  most  articles  their 
value  is  not  taken  into  consideration,  and  hence  there  is  less 
opportunity  for  arbitrary  action  on  the  part  of  the  govern- 
ment officials  and  of  course  less  likelihood  of  controversy, 
than  is  the  case  with  the  administration  of  the  customs 
laws. 

Other  Sources  of  Federal  Revenue. — Besides  the  receipts 
obtained  from  tariff  duties  and  internal  revenue  taxes, 
there  are  a  number  of  other  sources  of  revenue  such  as  those 
from  the  sale  of  public  land,  the  tax  on  national  banks, 
fines  and  penalties  for  violations  of  the  laws  of  the  United 
States,  profits  on  coinage,  naturalization,  immigration, 
patent  office  and  other  fees,  etc. 

Income  Taxes.  —  In  very  recent  years  (since  1918),  the 
income  tax,  in  its  various  forms,  has  become  the  greatest  of 
all  the  sources  of  revenue  for  the  federal  government. 

It  was  in  1862  that  Congress  levied  for  the  first  time  a 
tax  on  incomes,  the  rate  varying  from  five  to  ten  per  cent 
according  to  the  amount  of  the  income,  all  incomes  below 
$600  being  exempt  from  the  tax.  In  1872,  the  law  was  re- 
pealed; but  a  demand  for  reviving  this  method  of  taxation 
gradually  increased,  and  it  came  to  be  a  standing  part 
of  the  national  platform  of  the  Democratic  party.  Ac- 
cordingly when  the  Democrats  got  control  of  Congress  in 
1894,  they  enacted  a  law  providing  that  all  incomes  in 
excess  of  $4,000  a  year  should  be  taxed  at  the  rate  of  two 
per  cent  on  the  amount  in  excess  of  that  figure.  Shortly 
after  the  law  went  into  effect,  however,  the  Supreme  Court, 


224       FEDERAL  FINANCE,  TAXATION,   AND   MONEY 

overruling  its  former  decisions,  decided,  by  a  vote  of  five 
to  four,  that  the  tax  was  unconstitutional,  on  the  ground 
that  it  was  a  direct  tax  not  apportioned  among  the  states 
according  to  their  populations.  Sentiment  in  favor  of  such 
a  tax,  however,  steadily  grew,  and  in  1913  the  constitutional 
impediment  was  removed  by  the  sixteenth  amendment. 

Later  in  the  year  Congress  levied  an  income  tax,  in  con- 
nection with  an  act  to  reduce  tariff  duties.  The  tax  on 
individual  incomes  has  been  changed  several  times  in  recent 
years.  In  1922  incomes  of  $1000  (or  $2500  in  the  case  of 
husband  and  wife)  were  exempt;  incomes  in  excess  of  this 
amount  were  taxed  at  varying  rates.  Thus  for  the  year 
1922  the  tax  of  a  married  man  with  no  children  amounted 
to  4  per  cent  on  a  net  income  of  $5000;  but  to  58  per  cent 
on  a  net  income  of  $1,000,000. 

The  Corporation  Tax. — Congress  in  1909  passed  a  law 
imposing  a  tax  on  corporations,  joint-stock  companies,  and 
associations,  to  the  extent  of  one  per  cent  on  the  net  income 
of  each  in  excess  of  $5000  a  year.  In  1913  the  entire  net 
income  was  made  liable  to  the  tax.  The  heavy  taxes  on 
excess  profits,  levied  during  the  war,  were  repealed  in  1921, 
but  the  tax  on  net  incomes  was  increased  to  12%  per  cent. 

Inheritance  Taxes. — During  the  Civil  War  and  the  war 
with  Spain,  Congress  levied  a  tax  on  inheritances,  but  soon 
repealed  it.  In  1916  a  new  graduated  tax  of  from  one  to 
ten  per  cent  was  levied  on  estates  left  by  persons  dying,  in 
excess  of  $50,000.  In  1917  the  rate  was  increased. 

Deposit  of  United  States  Funds. — The  taxes  collected 
by  the  national  government,  together  with  its  other  funds, 
are  kept  partly  in  the  treasury,  partly  in  the  federal 
reserve  banks,  and  partly  in  the  nine  sub- treasuries 
located  at  Baltimore,  Boston,  Chicago,  Cincinnati,  New 
Orleans,  New  York,  Philadelphia,  St.  Louis,  and  San 


CUSTOMHOUSE,  NEW  YORK 


IN  THE  MINT  AT  PHILADELPHIA 
xi 


DEPOSIT  OF  UNITED    STATES  FUNDS  225 

Francisco.  In  addition  the  secretary  of  the  treasury  is 
authorized  to  designate  national  banks  as  depositories  and 
to  deposit  certain  of  the  funds  therein.  In  times  of  financial 
stringency  or  threatened  crises,  this  authority  may  be  used 
by  the  secretary  to  relieve  the  money  market,  by  distribut- 
ing the  public  funds  among  the  depositories. 

Federal  Appropriations  and  Expenditures. — Having  stud- 
ied the  sources  of  federal  revenues,  we  come  now  to  the 
subject  of  expenditures.  Revenue  bills  are  prepared,  as 
we  have  seen,  by  the  ways  and  means  committee  of  the 
house  of  representatives.  At  first  the  appropriations  of 
Congress  were  embodied  in  a  single  bill  prepared  by  the 
committee  on  appropriations,  but  as  the  operations  of  the 
government  expanded,  the  appropriations  came  to  be  em- 
bodied in  a  number  of  bills,  sixteen  in  1920,  prepared  by 
nine  different  committees.  The  committee  on  appropria- 
tions was  responsible  only  for  the  half  dozen  more  general 
appropriation  bills,  while  other  committees  prepared  the 
the  bills  appropriating  large  amounts  for  the  army,  navy, 
diplomatic  service,  post  office,  Department  of  Agriculture, 
District  of  Columbia,  Indian  service,  and  improvement  of 
rivers  and  harbors.  In  1921,  however,  the  committee  on 
appropriations  was  enlarged  and  again  entrusted  with  the 
preparation  of  all  the  various  appropriation  bills,  the  house 
thus  returning  to  the  earlier  system  of  a  single  committee 
responsible  for  all  expenditures. 

The  growth  of  national  expenditures  has  been  rapid. 
The  appropriations  for  1916  reached  the  unprecedented 
amount  of  $1,637,583,682;  those  for  the  period  of  the  war 
(1917-1918),  $32,427,000,000,  including  $9,000,000,000 
loaned  to  European  allies.  In  1921,  the  appropriations 
were  reduced  to  about  $5,500,000,000. 

The  National  Debt. — Whenever  the  revenues  of  the 
Govt.  U.  S— 1.5 


226        FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

government  are  insufficient  to  pay  its  expenses  recourse 
must  be  had  to  increased  taxes  or  loans.  In  time  of  peace 
the  ordinary  revenues  ought  to  be  sufficient  to  meet  ex- 
penses, but  when  extraordinary  expenses  must  be  incurred 
as  is  the  case  when  war  breaks  out,  or  foreign  terri- 
tory is  purchased,  or  some  great  public  work  is  to  be 
constructed  such  as  the  digging  of  the  Panama  Canal,  the 
government  must  have  recourse  to  the  borrowing  power. 
The  Constitution  of  the  United  States  expressly  confers 
upon  Congress  the  power  to  borrow  money  on  the  credit 
of  the  United  States,  and  no  limitations  whatever  are  placed 
on  the  exercise  of  the  power,  such  as  are  generally  imposed 
on  state  legislatures  by  the  state  constitutions. 

United  States  Bonds. — The  usual  mode  by  which  the 
government  borrows  money  is  by  the  issue  of  its  bonds, 
obligations  similar  in  most  respects  to  promissory  notes 
made  by  individuals.  A  government  bond  is  simply  a 
promise  to  pay  a  certain  sum  at  a  particular  time  and  with 
interest  at  a  certain  rate.  The  bonds  issued  by  the  United 
States  government  are  of  two  kinds:  "registered"  and  " cou- 
pon" bonds.  A  registered  bond  is  made  out  to  the  person 
who  purchases  it;  a  record  is  kept  of  it  at  the  treasury  de- 
partment, and  when  it  is  transferred  to  another  person  the 
record  must  be  changed  so  as  to  show  the  new  owner. 

The  advantage  of  such  a  bond  is  that  if  it  is  accidentally 
destroyed  or  lost  the  owner  suffers  no  loss.  The  chief  dis- 
advantage is  the  difficulty  in  transferring  it.  A  coupon 
bond  is  one  which  has  interest  coupons  attached  to  it, 
which  may  be  clipped  off  and  presented  to  the  treasury  for 
payment  as  the  interest  becomes  due.  The  government 
keeps  no  record  of  the  owner  and  it  may  be  transferred 
as  any  other  personal  property.  If  a  coupon  bond  is  lost 
or  destroyed,  however,  the  owner  cannot  collect  the  amounjt 


THE  NATIONAL  DEBT  227 

of  the  bond.  United  States  bonds  are  issued  in  various 
denominations  and  for  periods  of  time  which  vary  widely. 
Usually  bonds  are  sold  to  the  highest  bidder,  but  occa- 
sionally they  are  disposed  of  by  negotiation  with  capitalists 
on  the  best  terms  that  can  be  secured.  During  President 
Cleveland's  administration  $262,000,000  of  bonds  were 
sold  to  New  York  capitalists  in  this  way. 

Rate  of  Interest. — The  rate  of  interest  which  United  States 
bonds  pay  has  varied  from  time  to  time.  The  Revolu- 
tionary War  debt  bore  six  per  cent,  and  so  did  most  of  the 
civil  war  bonds.  After  the  Civil  War,  however,  the  rate 
at  which  the  government  was  able  to  borrow  steadily  de- 
clined, largely  because  of  the  desire  of  national  banks  to 
secure  United  States  bonds  (page  232).  The  rate  of  in- 
terest on  bonds  now  outstanding  ranges  from  two  to  five 
per  cent. 

Growth  of  the  National  Debt. — When  the  Constitution 
went  into  effect,  the  national  debt,  including  the  war  debts 
of  the  states  which  were  assumed  by  the  national  govern- 
ment, amounted  to  about  $127,000,000;  but  by  1836  the 
debt  was  extinguished  and  there  was  a  surplus  in  the 
treasury  which  was  distributed  among  the  states.  The 
enormous  expenses  of  the  Civil  War,  however,  had  to  be 
met  largely  by  loans,  and  at  the  close  of  the  conflict  (1866) 
the  interest-bearing  debt  was  more  than  $2,000,000,000. 
During  the  next  twenty  years  the  debt  was  reduced  to 
about  $600,000,000,  but  this  amount  was  increased  between 
1895  and  1899  to  about  $945,000,000  on  account  of  bond 
issues  to  replenish  the  gold  reserve  and  to  meet  a  portion 
of  the  expenses  of  the  war  with  Spain.  On  June  30,  1915, 
the  interest-bearing  debt  stood  at  $969,759,090.  In  1917-19 
five  bond  issues  aggregating  more  than  $2 1 ,000,000,000  were 
made  on  account  of  the  war  with  Germany. 


228      FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

In  addition  there  is  also  a  non-interest-bearing  debt  of 
$389,407,800,  of  which  $346,681,016  consists  of  treasury 
notes  issued  during  the  Civil  War,  and  popularly  known  as 
"greenbacks"  from  their  color.  The  national  interest- 
bearing  debt  of  the  United  States  on  June  30, 1921,  amounted 
to  about  $24,000,000,000.  The  total  debt  of  England  is 
now  about  $40,000,000,000,  that  of  France  about  $46,000,- 
000,000,  and  that  of  Germany  over  $30,000,000,000. 

The  Monetary  System. — The  corning  of  money  is  now 
regarded  everywhere  as  a  proper  if  not  a  necessary  function 
of  government.  Under  the  Articles  of  Confederation,  this 
power  was  possessed  by  the  states  as  well  as  by  Congress, 
though  in  fact  it  was  exercised  by  neither.  The  framers  of 
the  Constitution  decided  that  the  most  effective  way  of  se- 
curing a  uniform  system  of  money  would  be  to  place  the 
whole  matter  under  the  control  of  the  national  govern- 
ment, and  so  Congress  alone  was  given  the  power  of 
coinage.  At  the  same  time,  remembering  how  the  states 
had  before  1789  flooded  the  country  with  paper  money 
which  in  some  instances  had  become  worthless,  the  framers 
of  the  Constitution  wisely  decided  to  prohibit  them  from 
issuing  bills  of  credit,  that  is,  paper  designed  to  circulate 
as  money.  Likewise  they  were  forbidden  to  make  any- 
thing but  gold  and  silver  coin  a  legal  tender  in  the  pay- 
ment of  debts. 

The  Acts  of  1792  and  1834. — As  soon  as  the  new  govern- 
ment under  the  Constitution  had  gone  into  operation,  steps 
were  taken  to  provide  a  system  of  metallic  currency.  In 
1792,  an  act  was  passed  providing  for  the  establishment 
of  a  mint  at  Philadelphia  and  for  the  striking  of  both  gold 
and  silver  coins.1  The  gold  coins  were  to  be  the  double 

1  Later  mints  were  established  at  Denver,  San  Francisco,  and  New 
Orleans.  Assay  offices  for  refining  and  determining  the  purity  of 


THE  MONETARY  SYSTEM  229 

eagle,  the  eagle,  the  half  eagle,  and  the  quarter  eagle;  the 
silver  coins  were  to  be  the  dollar,  the  half  dollar,  the  quarter, 
the  dime,  and  the  half  dime.1  As  the  market  value  of  a 
given  quantity  of  gold  bullion  was  then  about  fifteen  times 
that  of  silver,  the  weight  of  the  silver  coins  was  made  fifteen 
times  that  of  the  corresponding  gold  coins.  But  as  the  value 
of  gold  bullion  presently  began  to  increase  in  comparison 
with  silver,  it  was  necessary  to  readjust  the  ratio  so  as  to 
keep  both  in  circulation,  and  so  in  1834  the  weight  of  gold 
coins  was  reduced  and  the  ratio  made  sixteen  to  one. 

Demonetization  of  the  Silver  Dollar. — But  soon  the  in- 
crease in  the  supply  of  gold  again  disturbed  the  ratio,  mak- 
ing the  silver  coins  worth  more  as  metal  than  as  money; 
and  as  the  difficulty  of  keeping  up  the  adjustment  seemed 
insuperable,  Congress  decided  to  abandon  the  attempt  and 
so  in  1873  the  silver  dollar  was  practically  "demonetized," 
that  is,  was  dropped  from  the  list  of  coins,  and  other  silver 
coins  were  made  subsidiary,  that  is,  their  weight  was  de- 
creased so  that  the  metal  in  them  was  worth  less  than  their 
face  value,  and  they  were  made  legal  tender  for  small  sums 
only.2 

Later  Acts. — The  opposition  to  the  demonetization  of  the 
silver  dollar,  however,  became  so  great  that  it  was  restored 

bullion  have  been  established  at  New  York,  St.  Louis,  Deadwood, 
Helena,  Boise,  Carson  City,  Salt  Lake,  Seattle,  and  Charlotte,  North 
Carolina.  To  give  strength  and  hardness  to  gold  and  silver  coins  an 
alloy  of  copper  equal  to  one  tenth  of  their  weight  is  added. 

1  In  addition  to  the  gold  and   silver  coins  mentioned   above  are 
the  five  cent  piece  (nickel)  and  the  one  cent  piece  (copper). 

2  At  the  present  time  all  gold  coins  and  the  silver  dollar  are  legal 
tender  for  all  sums.    The  smaller  corns,  however,  are  legal  tender  for 
small  sums  only,  the  amount  ranging  from  twenty-five  cents  in  the 
case  of  the  nickel  and  copper  pieces  to  $10  in  the  case  of  the  silver 
coins. 


230        FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

by  the  act  of  1878  and  made  full  legal  tender.  But  the  free 
coinage  of  silver  was  not  restored;  the  act  required  the 
government  to  purchase  and  coin  not  less  than  $2,000,000 
nor  more  than  $4,000,000  worth  of  silver  bullion  per  month. 
In  the  mean  time  the  market  value  of  silver  had  declined 
until  the  amount  of  silver  in  a  silver  dollar  was  worth  less 
than  eighty  cents  in  gold,  and  it  was  believed  that  the  act 
of  1878  by  increasing  the  demand  for  silver  would  restore 
its  market  value.  This,  however,  did  not  happen,  and  the 
market  value  of  silver  went  on  decreasing  until  at  one  time 
the  amount  of  silver  in  a  dollar  was  worth  only  about  forty- 
six  cents  in  gold.  In  1890  Congress  increased  the  use  of 
silver  by  requiring  the  secretary  of  the  treasury  to  purchase 
monthly  four  and  one  half  million  ounces  of  silver  and  pay 
for  it  with  treasury  notes  which  were  redeemable  in  coin  at 
the  option  of  the  secretary  and  which  were  to  be  canceled 
or  destroyed  when  so  redeemed.  This  act  was  repealed  in 
1893,  since  which  date  the  government  has  purchased  very 
little  silver  bullion  for  coinage  purposes. 

Free  Coinage.— In  determining  its  coinage  policy,  the 
government  might  follow  either  of  two  methods :  (i)  It  might 
coin  any  and  all  bullion  presented  by  its  owners  at  the 
mints,  or  (2)  it  might  purchase  its  own  bullion  and  coin 
only  so  much  as  the  necessities  of  trade  or  other  considera- 
tions might  require.  The  former  policy  is  that  of  free 
coinage;  it  is  also  unlimited  coinage  since  it  involves  the 
coinage  of  all  bullion  offered,  without  limit.  From  the  very 
first,  the  practice  of  the  government  in  regard  to  gold  has 
been  that  of  free  and  unlimited  coinage;  that  is,  any  owner 
of  gold  bullion  may  take  it  to  a  mint  and  have  it  coined 
without  charge  except  for  the  cost  of  the  alloy.  Prior  to 
1873,  the  same  policy  was  followed  in  regard  to  silver,  thus 
maintaining  in  theory  at  least  a  bimetallic  or  double  stand- 


FREE  COINAGE  231 

ard.  In  1873,  however,  Congress  abandoned  the  policy 
of  free  coinage  of  silver  and  adopted  the  single  gold  stand- 
ard. From  then  until  now  the  government  has  coined  no 
silver  bullion  for  private  owners. 

Paper  Currency. — In  addition  to  the  metallic  money 
described  above  there  is  a  vast  amount  of  paper  currency 
in  the  United  States.  This  currency  may  be  classified 
under  five  different  heads. 

Greenbacks. — First,  there  are  the  $346,681,016  of  old 
United  States  notes  or  "  greenbacks,"  already  described. 
They  were  issued  during  the  Civil  War,  they  bear  no  in- 
terest, and  are  redeemable  in  coin  upon  the  demand  of 
the  holder.  Since  1878  the  practice  of  the  government  has 
been  not  to  retire  them  as  they  are  redeemed  but  to  reissue 
them  and  keep  them  in  circulation. 

Gold  and  Silver  Certificates. — Second,  there  is  a  large 
amount  of  currency  in  the  form  of  gold  and  silver  certifi- 
cates. The  law  under  which  such  currency  is  issued  pro- 
vides that  any  owner  of  gold  or  silver  coin  may  deposit  it 
in  the  treasury  and  receive  in  exchange  an  equivalent 
amount  of  certificates.  They  are  more  convenient  to 
handle  than  coin,  and  are  equally  valuable  for  paying 
debts  and  purchasing  commodities.  On  the  ist  of  July, 
1921,  the  amount  of  gold  certificates  in  circulation  was 
$452,174,709;  the  amount  of  silver  certificates,  $201,534,213. 
These  two  forms  of  currency  constitute  one*  eighth  of  our 
entire  stock  of  money  in  circulation. 

Sherman  Treasury  Notes. — A  third  form  of  paper  money 
is  the  so-called  Sherman  treasury  notes  issued  in  pursuance 
of  the  act  of  1890  already  described.  On  July  i,  1921, 
there  were  $1,576,184  of  them  in  circulation.  The  law 
declares  that  they  shall  be  redeemed  in  coin,  that  is,  either 
gold  or  silver,  at  the  option  of  the  government.  To  prevent 


232         FEDERAL  FINANCE,  TAXATION,  AND  MONEY 

the  threatened  depletion  of  the  gold  reserve  x  and  provide 
the  necessary  gold  with  which  to  redeem  the  increasing 
issues  of  Sherman  treasury  notes,  bond  issues  aggregating 
$262,000,000  were  issued  during  the  years  1894  and  1895. 
By  the  act  of  1900  the  policy  of  maintaining  a  single  gold 
standard  was  definitely  adopted  by  Congress,  and  it  was 
provided  that  greenback  notes,  Sherman  treasury  notes, 
and  other  securities  of  the  government  should  be  redeem- 
able in  gold. 

National  Bank  Notes. — The  fourth  class  of  paper  money 
is  national  bank  currency.  A  national  bank,  unlike  other 
banks,  not  only  receives  deposits  and  makes  loans  and  per- 
forms the  other  functions  of  banks,  but  also  issues  notes 
which  circulate  as  money.  There  are  about  8,200  national 
banks  in  the  United  States,  with  an  aggregate  capital  of 
more  than  $1,000,000,000  and  with  a  total  circulation  of 
$729,550,513  of  notes  outstanding  (July  i,  1921). 

Federal  Reserve  Notes.  —  The  federal  reserve  banks,  es- 
tablished under  the  act  of  1913,  not  only  receive  deposits 
and  make  loans  to  other  banks,  but  also  have  power  to 
.  issue  federal  reserve  notes  which  circulate  as  money.  The 
amount  in  circulation  July  i,  1921,  was  $2,680,494,274. 
This  constitutes  by  far  the  largest  amount  of  paper  money 
in  existence. 

The  total  amount  of  money  of  all  kinds  in  circulation  on 
July  i,  1921,  amounted  to  $5,776,437,473,  or  a  per  capita 
circulation  of  about  $53.40.  •• 

The  National  Bank  System. — Any  number  of  persons, 
not  less  than  five,  may  organize  a  national  bank,  the  amount 
of  capital  required  depending  upon  the  population  of  the 

1  The  gold  reserve  is  a  sum  of  money  set  aside  for  the  purpose  of 
redeeming  the  old  "greenbacks"  or  United  States  notes.  An  effort 
has  always  been  made  to  keep  the  amount  above  $100,000,000. 


THE  NATIONAL  BANK  SYSTEM  233 

town  or  city  where  the  bank  is  located.  Prior  to  1914  the 
organizers  were  obliged  to  purchase  and  deposit  with  the 
government,  bonds  of  the  United  States  equal  to  one  fourth 
of  the  capital  of  the  bank;  now  they  may  do  so  if  they 
wish.  The  comptroller  of  the  currency  then  delivers  to  the 
bank  notes  equal  in  amount  to  the  par  value  of  the  bonds 
deposited.  These  notes  when  properly  signed  by  the 
president  and  cashier  of  the  bank  may  then  be  loaned  by 
the  bank  or  otherwise  issued  as  currency,  for  though  not 
a  legal  tender  they  are  commonly  used  as  money.  It  must 
also  be  remembered  that  the  United  States  bonds  deposited 
with  the  government  remain  the  property  of  the  bank  and 
it  receives  the  interest  on  them  just  as  any  other  owner 
would. 

Advantages  of  National  Bank  Currency. — If  a  national 
bank  fails,  depositors  may  lose  their  money  just  as  de- 
positors of  money  in  other  banks  may,  but  the  holder  of  a 
national  bank  note  does  not,  for  whenever  a  bank  is  unable 
to  redeem  its  notes,  the  comptroller  of  the  currency  may 
sell  the  bonds  which  it  has  on  deposit  with  him,  and  with 
the  proceeds  redeem  its  notes.  Hence  a  bank  note  is  as  safe 
as  any  other  form  of  currency.  Moreover,  national  banks 
are  subject  to  frequent  and  careful  examination  by  gov- 
ernment examiners,  and  failures  among  them  occur  with 
less  frequency  than  among  other  banks. 

Federal  Reserve  Banks. — By  an  important  act  passed  in 
1913  Congress  provided  for  the  creation  of  a  series  of  federal 
reserve  banks  to  be  located  in  different  parts  of  the  country. 
The  committee  intrusted  with  the  matter  divided  the  United 
States  into  twelve  districts,  each  of  which  is  to  have  one 
federal  reserve  bank,  located  respectively  in  the  following 
cities :  Boston,  New  York,  Philadelphia,  Cleveland,  Rich- 
mond, Atlanta,  Chicago,  St.  Louis,  Minneapolis,  Kansas 


234       FEDERAL  FINANCE,   TAXATION,  AND  MONEY 

City,  Dallas,  and  San  Francisco.  In  each  district  the  na- 
tional banks  are  required  to  become  members  of  the  federal 
reserve  association,  and  to  subscribe  for  its  stock.  Other 
banks  may  do  so,  by  conforming  to  certain  requirements. 

Federal  reserve  banks  are  under  the  supervision  and  con- 
trol of  a  federal  reserve  board  consisting  of  the  secretary 
of  the  treasury,  the  comptroller  of  the  currency,  and  five 
other  members  appointed  by  the  President.  The  federal 
reserve  notes  which  they  issue  are  guaranteed  by  the 
United  States  government,  and  are  secured  by  commercial 
paper — notes  and  drafts — deposited  in  the  treasury.  It  is 
expected  that  these  banks  will  provide  a  more  adequate 
Supply  of  money  and  credit  when  the  need  is  greatest, 
as  during  the  crop-moving  season,  and  at  the  same  time 
give  greater  stability  to  the  business  of  banking. 

Federal  Land  Banks. — In  1916  Congress  passed  the 
so-called  rural  credits  law,  which  provides  for  the  organiza- 
tion of  a  series  of  banks  for  lending  money  to  farmers  at 
low  rates  of  interest  and  for  long  periods  of  time.  Such 
banks  are  under  the  supervision  of  the  federal  farm  loan 
board  consisting  of  the  secretary  of  the  treasury  and  four 
other  members. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  81-89, 
104-118.  BEARD,  American  Government  and  Politics,  ch.  xviil 
BRYCE,  The  American  Commonwealth  (abridged  edition),  ch.  xvi. 
HARRISON,  This  Country  of  Ours,  pp.  58-65.  HART,  Actual  Govern- 
ment, chs.  xxi-xxii.  HINSDALE,  American  Government,  sees.  341- 
373.  LAUGHLIN,  Elements  of  Political  Economy,  chs.  xxv-xxvii. 

Illustrative  Material. — i.  Copy  of  the  present  tariff  law.  2.  Speci- 
mens of  various  kinds  of  money  in  circulation.  3.  Copy  of  the  last 
annual  report  of  the  Secretary  of  the  Treasury. 

RESEARCH  QUESTIONS 

i.  What  were  the  sources  of  national  revenue  during  the  period 
of  the  Confederation? 


RESEARCH  QUESTIONS  235 

2.  Why  has  the  imposition  of  direct  taxes  on  the  states  not  been 
resorted  to  with  more  frequency? 

3.  What  is  your  opinion  of  the  law  levying  taxes  on  incomes? 

4.  What  is  the  amount  paid  by  your  state  in  internal  revenue 
taxes  ?    How  many  internal  revenue  districts  are  in  your  state  ? 

5.  Are  there  any  ports  of  "entry"  or  "delivery"  in  your  state? 
Any  customhouses?    If  so,  what  is  the  amount  collected  by  each? 
(See  report  of  the  secretary  of  the  treasury.) 

6.  Can  you  give  the  names  of  some  articles  now  on  the  "  free  list "  ? 
Mention  some  articles  on  which,  in  your  judgment,  the  tariff  rate  is 
too  high.     Mention  some  articles  on  which  the  tariff  is  levied  accord- 
ing to  the  ad  valorem  method;   the  specific  method;   both  methods 
combined.     (See  copy  of  the  tariff  law.) 

7.  With  what  countries  do  we  have  reciprocity  commercial  trea- 
ties ?    In  brief,  what  are  the  provisions  of  those  treaties  ? 

8.  Why  is  an  internal  revenue  tax  imposed  on  such  articles  as 
oleomargarine,  filled  cheese,  and  mixed  flour? 

9.  What  is  the  present  rate  on  tobacco,  cigars,  distilled  spirits, 
and  fermented  spirits  ? 

10.  What  was  the  total  amount  of  the  appropriations  of  Congress 
at  the  last  session  ?    What  were  the  largest  items  of  expenditure  ? 

11.  What  is  the  present  mint  ratio  between  gold  and  silver?  the 
market  ratio  ?    What  is  the  actual  weight  of  a  silver  dollar  ?    What  is 
Gresham's  law  of  coinage  ? 

12.  Which  countries  have  a  bimetallic  monetary  system ?    Which 
a  single  silver  standard  ?    Which  a  single  gold  standard  ?    What  are 
the  arguments  for  and  against  free  coinage  of  silver  ? 

13.  What  would  be  the  result  of  opening  the  mints  to  the  free 
and  unlimited  coinage  of  silver? 

14.  Name  the  different  kinds  of  paper  money. 

15.  What  was  the  amount  of  the  interest-bearing  debt  according 
to  the  last  report  of  the  secretary  of  the  treasury? 

16.  What  do  you  understand  by  the  terms  "legal  tender"?  "fiat 
money  "  ?   "  seigniorage  "  ?   "  suspension  of  specie  payments  "  ? 

17.  What  is  the  penalty  for  counterfeiting  the  currency  of  the 
United  States? 

[Answers  to  many  of  these  questions  may  be  found  in  the  report  of 
the  secretary  of  the  treasury  which  may  be  obtained  gratis  from  the 
secretary.] 


CHAPTER  XIII 
THE  REGULATION  OF  COMMERCE 

The  Power  to  Regulate  Commerce. — Under  the  Articles 
of  Confederation,  as  we  have  seen,  Congress  possessed  no 
power  to  regulate  commerce  among  the  states  or  with 
foreign  nations.  That  power  remained  entirely  with  the 
states.  Each  state  accordingly  made  such  regulations  as 
it  saw  fit,  without  regard  to  the  general  welfare.  It  was  this 
want  of  commercial  power  on  the  part  of  Congress  that 
contributed  as  much  as  anything  else  perhaps  to  the  down- 
fall of  the  Confederation.  The  Constitution  as  finally 
adopted  gave  Congress  the  exclusive  power  to  regulate 
commerce  among  the  states,  with  foreign  countries,  and 
with  the  Indian  tribes,  which  were  then  treated  somewhat 
as  foreign  nations  for  certain  purposes.  The  only  limitations 
placed  on  the  power  of  Congress  in  this  respect  were  that 
no  duty  should  be  levied  on  goods  exported  from  any  state; 
that  no  preference  should  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  state  over  those 
of  another;  and  that  no  vessels  bound  to  or  from  one  state 
should  be  obliged  to  enter,  clear,  or  .pay  duties  in  another. 

Regulation  of  Foreign  Commerce.  In  pursuance  of  the 
power  to  regulate  commerce  with  foreign  nations  Congress 
has  enacted  a  large  amount  of  legislation  relating  to  tonnage 
duties,  duties  on  imports,  quarantine,  immigration,  the 
importation  of  adulterated  foods,  wines,  teas,  and  other 

236 


REGULATION  OF  FOREIGN  COMMERCE  237 

food  products,  the  conduct  of  navigation,  the  construction 
and  inspection  of  ships  carrying  passengers,  pilotage,  clear- 
ances, the  protection  of  shipping,  the  rights  of  seamen,  the 
registration  and  insurance  of  vessels,  life-saving  appli- 
ances, the  use  of  wireless  telegraph  apparatus,  and  the 
like.  It  was  also  in  pursuance  of  this  power  that  the 
Embargo  Act  was  passed  in  1807  and  the  Nonintercourse 
Act  in  1809 — both  of  which  were  in  effect  prohibitions 
rather  than  regulations  of  commerce. 

The  Navigation  Laws  prescribe  with  great  detail  how 
vessels  registered  under  the  American  flag  shall  be  con- 
structed and  equipped  for  the  comfort  and  safety  of  their 
crews  and  passengers;  how  they  shall  be  inspected;  rules 
that  shall  be  observed  to  avoid  collisions,  how  signals  shall 
be  displayed,  etc.;  the  forms  of  papers  vessels  must  carry; 
how  the  wages  of  seamen  shall  be  paid,  the  nature  of  their 
contracts,  etc. 

The  Tonnage  Laws  prescribe  the  rate  of  tonnage  duties 
that  shall  be  levied  on  vessels  entering  American  ports. 
Tonnage  duties,  as  the  name  indicates,  are  a  form  of  taxa- 
tion calculated  on  the  basis  of  the  tonnage  admeasurement 
of  the  vessel;  they  are  levied  on  American  as  well  as 
foreign  ships,  though  the  rate  is  higher  on  the  latter  than 
on  the  former.  Sometimes  they  have  been  higher  on  the 
vessels  of  some  foreign  countries  than  on  those  of  others, 
in  which  case  they  are  known  as  discriminating  tonnage 
duties.  Such  discriminating  duties  are  employed  for  the 
purpose  of  favoring  the  commerce  of  those  nations  which 
extend  us  commercial  privileges  and  for  shutting  out  or 
restricting  that  of  nations  which  discriminate  against  our 
trade.  In  pursuance  of  the  power  to  regulate  foreign  com- 
merce, Congress  prohibits  foreign  vessels  from  engaging  in 
the  coasting  trade,  and  permits  only  citizens  of  the  United 


238  THE  REGULATION  OF  COMMERCE 

States  to  serve  as  masters  on  vessels  registered  under  the 
American  flag.  Formerly  only  American-built  vessels 
could  be  registered,  but  in  1914,  after  the  outbreak  of 
the  great  war  in  Europe,  Congress  passed  an  act  allow- 
ing ships  built  in  foreign  yards,  when  owned  by  American 
citizens,  to  be  registered  under  the  American  flag ;  and  more 
than  100  such  vessels  have  been  so  registered. 

Immigration. — By  virtue  of  the  commerce  power  Con- 
gress has  enacted  a  series  of  immigration  laws  imposing 
restrictions  on  the  coming  of  immigrants  to  our  shores. 
For  a  long  time  immigration  from  Europe  was  encouraged 
rather  than  restricted,  but  within  recent  years  so  many 
undesirable  persons  have  found  their  way  to  America  that 
Congress  has  been  led  to  pass  various  laws  designed  to  shut 
out  the  worst  of  them  and  admit  only  the  desirable  ones.1 

First  of  all,  the  immigration  laws  exclude  convicts,  insane 
persons,  paupers  and  those  likely  to  become  paupers,  per- 
sons suffering  with  dangerous,  loathsome,  and  contagious 
diseases;  epileptics,  persons  afflicted  with  tuberculosis, 
idiots,  feeble-minded  persons,  polygamists,  anarchists, 
immoral  persons,  and  others  of  this  character. 

In  the  second  place,  what  are  known  as  alien  contract 
laborers  are  prohibited  from  entering  the  United  States, 
that  is,  persons  who  come  under  contract  already  entered 
into,  to  perform  labor,  whether  skilled  or  unskilled.  The 
law  excluding  this  class  was  enacted  in  obedience  to  the 
demands  of  the  union  laborers  of  the  United  States,  who 
did  not  wish  to  be  subjected  to  competition  with  foreign 

1  According  to  the  report  of  the  commissioner  general  of  immigra- 
tion, 1,218,480  immigrants  arrived  in  the  United  States  during  the 
year  1914.  Of  those  who  applied  for  admission  into  the  country, 
more  than  33,000  were  turned  back.  In  1916  the  number  of  arrivals 
dropped  to  366,748;  in  1920  it  was  430,000. 


REGULATION  OF  FOREIGN   COMMERCE  239 

laborers  specially  imported  for  the  purpose.  Actors,  teachers, 
lecturers,  and  members  of  other  professions  are  exempted 
from  the  law,  and  so  are  skilled  laborers  if  domestic  laborers 
of  like  kind  are  not  available  in  the  United  States. 

A  third  group  of  excluded  classes  are  Chinese  laborers. 
the  immigration  of  whom  was  first  prohibited  in  1882. 

A  law  of  1916  provides,  with  certain  exceptions,  that  no 
alien  shall  be  admitted  unless  he  can  read  English  or  some 
other  language  or  dialect.  A  law  passed  in  1921  limits  the 
number  of  immigrants  who  may  enter  annually  from  each 
country,  to  3  per  cent  of  the  number  already  in  the  United 
States,  or  a  total  of  about  356,000. 

There  is  now  a  head  tax  of  eight  dollars  levied  upon 
every  immigrant  who  is  admitted.  Persons  whose  steam- 
ship passage  has  been  paid  by  others  or  who  have  been 
otherwise  assisted  to  come  are  not  allowed  to  enter.  When 
an  immigrant  has  been  denied  admission  by  the  commis- 
sioner of  immigration  at  the  port  at  which  he  has  landed, 
he  may  take  an  appeal  to  a  special  board  of  inquiry.  If 
the  decision  of  this  board  is  against  him  he  may  appeal 
to  the  United  States  commissioner-general  of  immigration, 
and  finally  to  the  secretary  of  the  department  of  labor. 
If  the  final  decision  is  against  him,  the  steamship  on  which 
he  sailed  is  required  at  its  own  expense  to  transport  him 
to  the  port  from  which  he  sailed. 

Quarantine. — In  pursuance  of  the  power  to  regulate  for- 
eign commerce,  Congress  has  enacted  a  volume  of  legis- 
lation in  regard  to  quarantine  and  medical  inspection  of 
ships  and  their  passengers  coming  from  foreign  ports.  In 
most  instances  inspections  are  made  by  the  United  States 
consul  at  the  port  from  which  the  vessel  sails,  and  a  bill 
of  health  is  furnished  the  master  of  the  vessel,  but  in  some 
Asiatic  and  South  American  ports  regular  medical  in- 


240  THE  REGULATION  OF  COMMERCE 

specters  are  stationed.  At  various  ports  along  the  coast, 
national  quarantine  stations  have  been  established  at 
which  inspections  of  incoming  vessels  are  made  and  at 
which  they  may  be  detained  if  found  to  have  on  board 
persons  suffering  from  dangerous  contagious  diseases. 

Pure  Food. — Congress  has  also  provided  for  the  inspec- 
tion of  foods  imported  from  abroad.  Whenever  a  vessel  is 
found  to  have  on  board  impure  or  adulterated  foods  or 
teas,  it  is  forbidden  to  land  the  cargo  or  is  allowed  to  land 
it  only  after  certain  conditions  are  complied  with  such  as 
the  change  of  labels  to  correspond  with  the  actual  contents 
of  packages.  In  this  way  an  attempt  is  made  to  protect  the 
American  consumer  against  impure  and  unwholesome  food 
products  shipped  here  from  foreign  ports. 

Interstate  Commerce  has  been  interpreted  to  include 
the  carriage  of  passengers  from  one  state  to  another;  the 
transportation  of  commodities  of  whatsoever  character, 
including  lottery  tickets,  obscene  literature,  and  any  other 
objects  which  may  be  the  subject,  of  transportation;  and 
the  transmission  of  ideas  or  information  by  telegraph  or 
telephone  from  a  point  in  one  state  to  a  point  in  another. 
In  short,  interstate  commerce  means  not  only  transporta- 
tion and  traffic  in  articles  but  intercourse  and  communica- 
tion by  the  modern  devices  for  transmitting  thought ;  and 
the  power  to  prescribe  the  conditions  under  which  such  in- 
tercourse may  be  carried  on  across  state  lines  belongs  to 
Congress.1  Congress  controls  also  the  coasting  trade  be- 
tween parts  of  the  same  state  and  the  traffic  on  all  rivers 
which  flow  into  the  ocean  or  the  Great  Lakes  and  thus 
constitute  highways  of  interstate  or  foreign  commerce. 

1  Under  the  commerce  power,  Congress  has  also  enacted  the  white 
slave  law,  and  an  act  restricting  the  killing  of  birds  that  migrate 
from  one  state  to  another. 


IMMIGRATION  STATION,  ELLIS  ISLAND,  NEW  YORK  HARBOR 


IMMIGRANTS  READY  TO  START  WEST 
xii 


INTERSTATE  COMMERCE  241 

Power  Retained  by  the  States. — Nevertheless  it  is  often 
difficult  in  a  particular  case  to  draw  the  line  between  acts 
which  regulate  interstate  commerce  and  acts  which  merely 
affect  it  without  regulating  it.  The  Supreme  Court  in  a 
long  line  of  decisions  has  held  that  the  states  not  only  have 
complete  power  of  control  over  all  commerce  originating 
and  ending  within  their  limits  but  that  they  may  also  enact 
legislation  for  the  protection  of  the  public  health,  safety, 
good  order,  and  morals  of  their  people  even  when  such 
legislation  affects  commerce  among  the  states,  the  only 
restriction  being  that  such  legislation  must  be  reasonable 
and  must  not  amount  to  a  direct  interference  with  inter- 
state traffic.  The  right  of  the  states  in  this  respect  is  known 
as  the  police  power — a  power  which  is  very  extensive  and 
of  which  they  cannot  be  deprived  by  Congress.  Thus  they 
may  enact  reasonable  quarantine  laws  forbidding  the  en- 
trance into  their  territory  of  diseased  persons  from  other 
states  or  the  importation  of  diseased  live  stock.  Likewise 
they  may  limit  the  speed  of  interstate  trains  running 
through  their  towns,  may  require  railroads  to  provide 
gates  at  crossings,  safety  appliances  for  cars,  and  the  like. 

The  Original  Package  Doctrine. — A  state,  however,  prior 
to  1920,  could  not  without  the  consent  of  Congress  pro- 
hibit the  importation  of  liquor  in  original  packages  into  its 
territory  from  other  states,  although  it  might  be  a  prohi- 
bition state.1  But  Congress  itself,  by  an  act  passed  in 
1913,  prohibited  the  transportation  of  intoxicating  liquors 
into  states  having  prohibition  laws. 

Likewise,  the  states  cannot  impose  taxes  on  passengers 
passing  through  their  territory  bound  for  points  in  other 
states,  or  require  interstate  trains  to  stop  at  county  seats, 

1  Early  in  1919  the  eighteenth  amendment  to  the  federal  constitu- 
tion was  adopted,  prohibiting  the  liquor  traffic  after  one  year. 
Govt.  U.  S.  — 16 


242  THE  REGULATION  OF  COMMERCE 

or  impose  taxes  on  telegraph  messages  sent  to  points  in  other 
states,  or  on  bills  of  lading  of  freight  destined  to  points  in 
other  states,  or  on  goods  intended  for  exportation,  and  so  on. 

Regulation  of  Interstate  Railway  Traffic. — For  a  long 
time  Congress  took  no  action  toward  regulating  railway 
traffic  among  the  states,  thus  leaving  the  railroads  free  to 
carry  on  their  business  as  they  pleased,  regardless  of  the^ 
interest  of  the  public  whom  they  served.  But  with  the 
enormous  development  of  the  railway  system  of  the  country 
gross  evils  began  to  creep  in,  in  the  form  of  excessive  rates, 
discriminations,  combinations  for  the  suppression  of  com- 
petition, inadequate  provision  for  the  safety  of  passengers, 
etc.,  in  consequence  of  which  a  widespread  demand  grew 
up  for  legislation  bringing  the  railroads  under  govern- 
mental control.  The  outcome  of  this  agitation  was  the 
interstate  commerce  act  of  1887,  the  provisions  of  which 
have  been  amended  and  extended  by  several  subsequent 
acts,  notably  the  Elkins  act  of  1903,  the  railway  rate  law 
of  1906,  and  the  interstate  commerce  law  of  1910. 

Interstate  Commerce  Commission. — The  law  of  1887 
created  an  interstate  commerce  commission  which  now 
consists  of  eleven  members  appointed  by  the  President  and 
paid  a  salary  of  $12,000  a  year  each,  which  commission  has 
general  supervision  of  the  execution  of  the  several  acts 
mentioned  above.  It  hears  complaints  against  the  rail- 
roads, makes  investigations  upon  petition,  and  to  this 
end  may  summon  witnesses  and  compel  the  production 
of  papers  and  records,  and  conduct  hearings.  If,  after  an 
investigation,  it  finds  that  the  law  is  being  violated  by  a 
railroad  company,  it  may  request  the  proper  federal  au- 
thorities to  institute  a  prosecution  of  the  offending  company, 
and  the  law  requires  that  such  a  prosecution  shall  be  made. 
For  a  long  time  the  commission  had  no  power  to  fix  rates, 


REGULATION  OF  INTERSTATE  RAILWAY  TRAFFIC     243 

but  only  the  negative  right  to  say  that  a  given  rate  was 
unjust  and  unreasonable.  But  by  the  act  of  1906  it  was 
given  the  power,  after  a  full  hearing,  to  determine  and  pre- 
scribe just  and  reasonable  maximum  rates  and  charges, 
as  well  as  to  prescribe  regulations  for  the  conduct  of  rail- 
way traffic. 

The  Laws  Now  in  Force  prescribe  that  all  railway  rates 
and  charges  for  carrying  freight  and  passengers  must  be 
just  and  reasonable;  that  no  rebates,  drawbacks,  or  special 
rates  shall  be  granted  to  particular  shippers;  that  no  dis- 
criminations shall  be  made  as  to  rates  or  service  to  cer- 
tain persons  or  places;  that  no  free  passes,  with  certain  spec- 
ified exceptions,  shall  be  granted;  that  no  greater  charges 
shall  be  made  for  a  " short  haul"  than  for  a  "long  haul"; 
that  no  railroads  shall  be  allowed  to  transport  commodities 
which  they  are  engaged  in  producing,  with  certain  excep- 
tions; that  competing  railways  shall  not  be  allowed  to  pool 
their  freight  or  earnings;  that  schedules  showing  rates, 
fares,  and  charges  shall  be  published  and  kept  open  for 
inspection  and  cannot  be  changed  except  after  thirty  days' 
notice  to  the  commission;  that  all  railroads  shall  keep  their 
accounts  according  to  a  uniform  system  prescribed  by  the 
commission;  and  that  they  shall  make  annually  to  the 
commission  a  full  and  complete  report  of  their  business 
and  earnings. 

An  important  extension  of  the  interstate  commerce  act 
was  made  in  1906,  when  express  and  sleeping  car  companies, 
pipe  lines  used  for  transporting  oil  from  one  state  to  an- 
other, and  telegraph,  telephone,  and  cable  companies  en- 
gaged in  sending  messages  from  one  state  to  another  or 
to  foreign  countries,  were  brought  under  the  operation  of 
the  law  and  their  business  subjected  to  the  same  condi- 
tions and  restrictions  as  those  applying  to  railroads.  By 


244  THE  REGULATION  OF  COMMERCE 

an  act  of  1912  railroads  were  prohibited  from  owning,  con- 
trolling, or  having  any  interest  in  competing  water  carriers, 
and  by  an  act  of  1913  provision  was  made  for  preparing 
a  valuation  of  all  railroads  in  the  United  States. 

Congress  has  also  enacted  laws  requiring  interstate  rail- 
roads to  equip  their  cars  with  automatic  couplers  and  other 
safety  appliances,  fixing  the  liability  of  railway  employers 
for  injuries  sustained  by  railway  employees,  encouraging 
the  arbitration  of  railway  strikes,  and  establishing  an  eight- 
hour  work  day  on  railways  (1916).  An  act  excluding  the 
products  of  child  labor  from  interstate  commerce  (1916) 
was  declared  unconstitutional  by  the  Supreme  Court. 

In  pursuance  of  acts  of  Congress  passed  in  1916  and  1918, 
the  President  in  1918  took  over  the  control  of  railroads, 
telegraphs,  and  telephones  for  the  duration  of  the  war. 

Federal  Anti-trust  Legislation. — The  commerce  clause 
of  the  Constitution  has  also  furnished  the  authority  for 
some  important  congressional  legislation  against  what  are 
popularly  known  as  "trusts,"  that  is,  combinations  of 
corporations  or  business  associations  formed  to  avoid  the 
wastes  of  competition  and  to  secure  economy  of  manage- 
ment. But  the  control  of  the  supply  of  a  commodity  means 
the  elimination  of  competition  and  usually  the  maintenance 
of  high  rates  to  the  injury  of  consumers.  For  a  long  time 
the  greater  part  of  the  business  of  the  country  was  con- 
ducted by  individuals,  companies,  or  corporations,  and 
the  advantages  of  competition  were  preserved  to  the  public, 
but  in  the  course  of  the  economic  development  of  the  coun- 
try, corporations  began  to  consolidate  for  the  reasons  stated, 
with  the  result  that  the  supply  of  many  commodities  came 
to  be  controlled  by  single  combinations.  At  first  the  states 
undertook  to  deal  with  the  problem  by  passing  anti-"  trust" 
laws,  but  the  business  of  so  many  of  the  more  powerful 


FEDERAL  ANTI-" TRUST"  LEGISLATION  24$ 

organizations  was  interstate  in  character  that  state  legis- 
lation was  inadequate  to  deal  with  them. 

The  Sherman  Anti-"  trust "  Law.  —  Finally,  in  obedience  to 
a  widespread  popular  demand,  Congress  took  action  in  1890 
by  passing  what  is  popularly  known  as  the  Sherman  anti- 
"  trust "  act  to  protect  trade  and  commerce  among  the  states 
against  unlawful  restraint  and  monopolies.  This  act  de- 
clared that  every  contract,  combination  in  the  form  of  trust 
or  otherwise,  or  conspiracy  in  restraint  of  trade  or  commerce 
among  the  states  or  with  foreign  nations  was  illegal,  and 
it  prescribed  appropriate  penalties  for  violations  thereof. 
This  law,  however,  applies  only  to  "  trusts  "  which  are  in 
restraint  of  trade  among  the  states  or  with  foreign  nations. 
It  has  no  application  to  those  whose  activities  are  con- 
fined entirely  within  the  boundaries  of  a  single  state ;  with 
such  "  trusts  "  the  states  alone  have  the  power  to  deal. 

In  pursuance  of  the  act  of  1 890,  prosecutions  have  been 
instituted  in  the  federal  courts  against  a  large  number  of 
"  trusts,"  and  some  of  them  have  been  broken  up,  but  the 
larger  number  have  escaped.  In  1911,  for  example,  the 
Supreme  Court  decided  that  the  Standard  Oil  and  tobacco 
"  trusts  "  were  illegal,  and  their  dissolution  was  decreed. 

The  Clayton  Anti-1  trust  "  Act. — In  1914  Congress  passed 
another  important  act  directed  against  combinations  in 
restraint  of  trade.  In  brief,  it  prohibits  price  discrimina- 
tions among  purchasers,  exclusive  trade  agreements  be- 
tween manufacturers  and  retailers,  the  holding  of  the 
stock  of  one  corporation  by  another,  and  interlocking 
directorates.  Like  the  other  anti-"  trust "  acts  it  applies, 
of  course,  only  to  persons  or  corporations  engaged  in  inter- 
state  commerce  or  trade.  To  enforce  the  act  a  federal 
trade  commission  was  created.  It  consists  of  five  members 
appointed  by  the  President,  at  a  salary  of  $10,000  each. 


246  THE  REGULATION  OF  COMMERCE 

Federal  Pure  Food  Legislation. — The  commerce  clause 
of  the  Constitution  is  also  the  source  of  some  important 
legislation  designed  to  protect  the  public  against  impure, 
unwholesome,  and  adulterated  foods  produced  in  the  United 
States.  We  have  already  called  attention  to  the  legislation 
of  Congress  against  the  importation  of  impure  foods,  and 
teas  from  abroad.  Still  more  recently  Congress  passed 
an  interstate  pure  food  law  prohibiting  the  transportation 
among  the  states  and  territories  of  any  food  products  which 
are  adulterated  or  which  contain  foreign  substances  not 
indicated  in  the  labels.  The  law  also  provides  for  the  fixing 
of  a  standard  of  pure  foods  and  other  products  transported 
from  one  state  to  another  or  intended  for  interstate  trans- 
portation, and  provides  that  they  must  come  up  to  the 
standard  prescribed. 

The  Meat  Inspection  Law. — To  protect  the  public  against 
unwholesome  meat  products,  Congress  enacted  in  1891  a  law 
which  was  strengthened  in  important  particulars  in  1906, 
providing  for  the  inspection  of  slaughtering  houses  whose 
products  are  intended  for  interstate  commerce.  The  law 
requires  the  registration  of  all  establishments  engaged  in 
slaughtering  animals  the  products  of  which  are  to  be  shipped 
into  other  states  or  are  intended  for  export.  Each  is  given 
a  number,  and  federal  inspectors  are  assigned  to  inspect 
the  animals  intended  for  slaughter,  to  inspect  their  car- 
casses in  certain  cases,  and  to  see  that  the  business  of 
slaughtering  is  conducted  under  clean  and  wholesome  con- 
ditions. Animals  found  suffering  with  certain  diseases  are 
not  allowed  to  be  slaughtered  for  food  purposes,  and  meat 
discovered  to  be  unwholesome  must  be  rejected.  Super- 
vision is  also  exercised  over  the  processes  of  packing  and 
canning,  and  there  are  detailed  regulations  in  regard  to 
labeling. 


RESEARCH  QUESTIONS  247 

References.  ANDREWS,  Manual  of  the  Constitution,  pp.  89-95. 
BEARD,  American  Government,  ch.  xix.  COOLEY,  Principles  of  Con- 
stitutional Law,  pp.  66-88.  HART,  Actual  Government,  ch.  xxiv. 
HINSDALE,  American  Government,  sees.  374-380.  JOHNSON,  Railway 
Transportation,  ch.  xxvi. 

Illustrative  Material. — Annual  reports  of  the  Interstate  Com- 
merce Commission,  of  the  Department  of  Agriculture,  of  the  Attorney- 
General,  of  the  Commissioner  of  Navigation,  of  the  Commissioner  of 
Immigration,  and  of  the  Public  Health  and  Marine  Hospital  Service. 

RESEARCH  QUESTIONS 

1.  What  were  the  reasons  for  giving  Congress  control  over  foreign 
and  hlterstate  commerce? 

2.  Why  did  the  delegates  from  the  Southern  states  oppose  giving 
this  power  to  Congress? 

3.  What  is  meant  by  the  "original  package"  doctrine? 

4.  Why  should  a  railroad  company  be  prohibited  from  granting 
rebates?    For  charging  more  for  a  "short  haul"  than  for  a  "long 
haul"?    From  transporting  the  products  of  its  own  mines  and  manu- 
factories?   From  pooling  its  freight  or  earnings? 

5.  What  are  the  arguments  for  and  against  granting  government 
subsidies  for  the  upbuilding  of  the  merchant  marine? 

6.  What  have  been  the  principal  reasons  for  the  decline  of  the 
American  carrying  trade? 

7.  What  is  the  amount  of  money  annually  appropriated  for  im- 
proving the  rivers  and  harbors  of  the  country? 

8.  How  has  the  commerce  clause  of  the  Constitution  been  the  source 
of  important  extensions  of  the  power  of  the  national  government? 
Mention  some  important  recent  acts  of  Congress  that  have  been 
passed  in  pursuance  of  this  clause. 

9.  Should  Congress,  in  your  judgment,  impose  greater  restric- 
tions upon  immigration  than  it  now  imposes? 

10.  Do  you  think  Congress  should  have  power  to  regulate  the  busi- 
ness of  life  insurance?    To  regulate  marriage  and  divorce? 

11.  Is  the  policy  of  governmental  regulation  of  railroads  preferable 
to  governmental  ownership?    Give  your  reasons. 


CHAPTER  XIV 
OTHER  IMPORTANT  POWERS  OF  CONGRESS 

THE    POST    OFFICE,    COPYRIGHTS,    PATENTS,   THE  ARMY,  THE 


The  Postal  Service. — The  beginnings  of  the  postal  service 
in  the  United  States  date  back  to  the  action  of  the  Conti- 
nental Congress  in  creating  a  post  office  department  in 
1775,  and  appointing  Benjamin  Franklin  as  its  head.  Un- 
der Franklin's  direction  postal  routes  were  established 
throughout  the  colonies  and  the  mails  were  carried  over 
them  at  intervals  of  one  or  two  weeks.  In  1776  there  were 
twenty-eight  post  offices  located  in  the  more  important 
towns.  The  Constitution  gave  Congress  power  to  estab- 
lish post  offices  and  post  roads,  and  when  the  new  govern- 
ment was  established,  the  postal  service  was  reorganized 
and  extended.  In  1790,  however,  there  were  only  seventy- 
five  post  offices  in  the  thirteen  states,  and  less  than  2,000 
miles  of  post  roads.  The  total  revenues  were  only  $37,000, 
and  the  expenditures  only  $32,000.  Now  there  are  more 
than  60,000  offices  and  over  25,000  different  routes,  with 
an  aggregate  mileage  of  about  450,000  miles.  A  recent 
postmaster-general  has  well  said:  "The  postal  establish- 
ment of  the  United  States  is  the  greatest  business  concern 
in  the  world.  It  handles  more  pieces,  employs  more  men, 
spends  more  money,  brings  more  revenue,  uses  more 
agencies,  reaches  more  homes,  involves  more  details,  and 

248 


THE  POSTAL  SERVICE  249 

touches  more  interests  than  any  other  human  organization, 
public  or  private,  governmental  or  corporate."  Some  idea 
of  the  magnitude  of  the  service  may  be  gained  from  the 
fact  that  during  the  year  1919  about  twenty  billion  pieces 
of  mail  were  handled,  more  than  $1,000,000,000  worth  of 
domestic  money  orders  were  issued,  and  more  than 
120,000,000  articles  were  registered.  The  receipts  for  the 
year  1919  aggregated  $364,847,126,  and  the  expenditures 
$362,497,635. 

The  Postal  Deficit. — For  many  years  the  postal  service 
was  operated  at  a  loss,  the  principal  causes  of  the  deficit 
being  due  to  the  loss  sustained  by  the  government  on  the 
transportation  of  second-class  matter  and  through  the  rural 
free  delivery  service.  During  the  fiscal  year  1917  the  loss  on 
the  former  account  aggregated  $72,000,000  and  on  the  latter 
about  half  that  amount.  There  is  also  a  heavy  loss  on 
mail  carried  free,  under  the  Congressional  frank.  Thus  in 
1917  more  than  60,000,000  pounds  of  such  mail  was  carried, 
the  postage  on  which  would  have  cost  more  than  $20,000,000. 
Nevertheless  by  rigorous  economy  the  deficit  was  made  to 
disappear  in  1911  for  the  first  time  in  thirty  years.  In 
1917  there  was  a  surplus  of  more  than  $9,000,000. 

Mail  Matter. — Congress  has  power  to  decide  what  mat- 
ter shall  be  admitted  to  the  mails  and  what  shall  be 
excluded.  In  addition  to  books  and  printed  matter  gen- 
erally it  allows  parcels  of  merchandise  weighing  not  more 
than  seventy  pounds  to  be  carried  through  the  mails ;  also 
seeds,  bulbs,  roots,  samples  of  flour,  dried  fruits,  cut  flowers, 
geological  and  botanical  specimens,  soap,  nuts,  live  queen 
bees,  dried  insects,  etc.  On  the  other  hand,  the  following 
matter  is  denied  admission  to  the  mails:  parcels  weigh- 
ing over  seventy  pounds ;  poisons,  explosives,  live  animals, 
liquors  and  other  objects  unsuitable  for  transportation. 


250  OTHER  POWERS  OF  CONGRESS 

in  the  mails;  obscene  matter  and  articles  adapted  or  de- 
signed for  immoral  purposes;  all  matter  relating  to  lot- 
teries and  schemes  for  swindling  the  public,  and,  by  acts 
of  1917,  advertisements  of  intoxicating  liquor  intended 
for  distribution  in  prohibition  states  and  printed  matter 
advocating  treason,  insurrection,  resistance  to  the  laws, 
disloyalty,  etc. 

"  Fraud  Orders" — The  mails  are  so  frequently  used  by 
dishonest  concerns  for  circulating  advertising  matter  de- 
signed to  defraud  the  public,  that  a  law  has  been  passed 
authorizing  the  postmaster-general  to  withhold  the  priv- 
ileges of  the  postal  service  from  persons  using  it  for  such 
purposes.  In  pursuance  of  this  authority,  he  frequently 
issues  ".  fraud  orders,"  instructing  the  local  postmaster 
not  to  deliver  mail  to  specified  fraudulent  concerns.  It 
was  reported  in  1913  that  in  two  years  such  concerns  had 
swindled  the  people  out  of  $129,000,000. 

Classification  of  Mail  Matter.— Mail  is  classified  into  four 
different  classes:  first,  letters  and  postal  cards;  second, 
newspapers  and  other  periodical  publications ;  third,  printed 
matter  not  admitted  to  the  second  class ;  and  fourth,  mer- 
chandise not  comprehended  in  the  other  three  classes. 

The  Rates  of  Postage  on  the  different  classes  have  varied 
in  amount  from  time  to  time.  In  the  early  history  of  the 
post-office  department  the  rates  for  transporting  letters 
were  regulated  on  the  basis  of  the  distance  carried,  and 
according  to  the  number  of  sheets  in  the  letter,  the  amount 
ranging  from  six  to  twenty-five  cents.  Since  1863,  how- 
ever, there  has  been  a  uniform  rate  on  letters  irrespective 
of  distance.  In  1883  the  rate  was  fixed  at  two  cents;  in 
1917,  three  cents;  in  1919,  two  cents.  Before  1847, 
when  the  adhesive  postage  stamps  were  introduced,  pay- 
ment of  postage  was  made  in  cash  and  the  amount 


MAIL  MATTER  251 

indorsed  on  the  envelope.    Postal  cards  were  introduced 
in  1872. 

On  the  transportation  of  first-class  mail  the  govern- 
ment realizes  a  profit  estimated  at  $60,000,000  per  year, 
notwithstanding  the  long  distance  much  of  it  is  carried. 
There  is  also  a  substantial  profit  derived  from  foreign  mail. 

Second-Class  Matter  mailed  by  the  publishers  is  carried 
at  the  rate  of  ij  cents  a  pound,  with  an  added  charge 
(depending  on  distance)  for  advertising  matter;1  but  news- 
papers are  carried  free  to  any  office  within  the  county  of  pub- 
lication except  in  cities  having  free  delivery  service.  The 
government  has  sustained  heavy  losses  in  carrying  second- 
class  matter.  In  the  year  1917  more  than  1,200,000,000 
pounds  was  transported  at  a  loss  of  over  six  cents  per  pound. 
It  constituted  over  60  per  cent  of  all  domestic  mail,  but 
yielded  less  than  five  per  cent  of  the  postal  revenues,  the 
loss  being  greater  than  the  profits  realized  on  all  other 
classes  of  mail  combined. 

Should  the  Second-Class  Rate  be  Increased? — For  some 
years  there  was  considerable  agitation  in  favor  of  increas- 
ing the  rate  paid  by  publishers,  especially  on  magazines  which 
are  overloaded  with  advertising  matter  and  on  other  publi- 
cations which  are  devoted  largely  to  advertising  purposes. 
Successive  postmasters-general  urged  a  readjustment  of  the 
rates,  but  until  1917  Congress  took  no  action  further  than 
to  appoint  a  commission  to  investigate  and  report  on  the 
subject.  The  two  suggestions  most  considered  were,  that 
a  higher  rate  should  be  imposed  on  magazines  than  on  news- 
papers in  view  of  the  fact  that  the  average  distance  of 
transportation  is  greater  in  the  case  of  magazines  than  in 
the  case  of  newspapers,  and  that  a  higher  rate  be  imposed 
on  advertising  matter  than  on  purely  reading  matter. 

1  The  rate  for  other  persons  than  publishers  is  four  cents  a  pound. 


252  OTHER  POWERS  OF  CONGRESS 

Against  these  arguments  it  was  contended  that  the  educa- 
tional benefits  derived  from  the  extensive  circulation  of 
second-class  matter  are  very  great,  and  that  for  this  reason 
the  government  can  well  afford  to  contribute  something 
toward  the  dissemination  of  advertising  information  among 
the  masses  of  the  people.  Moreover,  it  was  argued  that  the 
circulation  of  second-class  matter  is  responsible  for  a  large 
amount  of  first-class  matter  and  thus  the  government  makes 
up  in  the  increased  profits  on  first-class  matter  what  it  loses 
on  second-class  matter.  Thus  it  was  said  that  fifty  pages  of 
advertising  matter  in  a  popular  magazine  might  lead  to  the 
writing  of  50,000  letters.  Consequently  a  reduction  in  the 
volume  of  second-class  matter  would  inevitably  be  followed 
by  a  corresponding  reduction  in  first-class  matter. 

Finally  in  1917  Congress  passed  a  law  providing  for  a 
graduated  increase  in  the  rates  on  the  advertising  portions 
of  newspapers  and  magazines,  the  amount  depending  on 
the  distance  carried. 

Free  Delivery  Service. — The  extension  of  rural  free  de- 
livery service  has  been  the  most  rapid  and  remarkable  of 
all  the  undertakings  of  the  post  office  department.  It  be- 
gan as  an  experiment  in  1897,  when  less  than  $15,000  was 
appropriated  to  test  the  advantage  of  free  delivery  in  coun- 
try districts,  and  it  has  been  extended  until  it  now  con- 
stitutes one  of  the  largest  branches  of  the  postal  service, 
the  annual  expenditures  on  account  of  the  service  exceeding 
$50,000,000.  This  is  the  largest  item  of  expenditure  by  the 
post  office  department  on  any  of  its  services  except  the  trans- 
portation of  mail  on  the  railroads,  which  foots  up  nearly 
$55,000,000.  There  are  more  than  40,000  rural  free  delivery 
routes  in  operation,  and  nearly  three  billion  pieces  of  mail  are 
annually  delivered  to  27,000,000  people  along  these  routes. 
An  investigation  made  in  1909  showed  that  the  postage  on 


FREE  DELIVERY  SERVICE  253 

the  average  amount  of  mail  collected  on  a  rural  route  was 
$14.92  per  month,  while  the  average  cost  of  the  service 
was  $72.17.  The  average  cost  of  the  service  on  a  rural  route, 
therefore,  exceeded  the  average  revenue  derived  from 
postage  by  $687  per  year.  On  that  basis  the  total  loss 
on  the  operation  of  the  service  was  estimated  to  be  about 
$28,000,000.  But  while  the  loss  to  the  government 
in  money  has  been  great,  the  advantage  to  the  country 
districts  served  has  been  notable.  Besides  the  convenience 
to  the  country  residents  it  has  brought  them  into  closer 
relation  with  the  centers  of  population,  made  country  life 
more  attractive  and  less  monotonous,  increased  farm  values, 
and  encouraged  the  improvement  of  country  roads,  since 
the  department  insists  upon  the  maintenance  of  the  high- 
ways in  good  condition  as  a  prerequisite  to  the  introduc- 
tion and  continuance  of  the  service. 

Free  Delivery  in  Cities. — Free  delivery  of  mail  in  the 
larger  towns  and  cities  was  first  introduced  during  the 
Civil  War,  and  the  service  has  been  extended  to  include 
all  places  of  not  less  than  10,000  inhabitants  or  where  the 
postal  receipts  are  not  less  than  $10,000  per  year.  In  1885, 
provision  was  made  by  which  immediate  delivery  ("  special 
delivery")  of  a  letter  upon  its  arrival  at  a  city  post  office 
could  be  secured  by  payment  of  ten  cents. 

Registry  Service. — In  1855,  Congress  established  the 
registry  service,  by  which  upon  the  payment  of  extra  post- 
age— the  extra  rate  is  now  ten  cents  per  letter  or  parcel- 
special  care  is  taken  of  letters  or  parcels  registered.  Thus 
the  safe  delivery  of  a  valuable  letter  or  parcel  is  practically 
assured,  and  by  a  recent  law  the  post  office  department  has 
provided  a  system  of  insurance  against  the  loss  of  parcels 
mail — the  maximum  amount  allowed  in  case  of  loss  being 
one  hundred  dollars. 


254  OTHER  POWERS   OF   CONGRESS* 

Money-Order  Service. — In  1864  the  money-order  service 
was  established,  by  which  upon  the  payment  of  a  small 
fee,  ranging  from  three  to  thirty  cents  according  to  the 
amount  of  the  order,  money  may  be  sent  through  the  mails 
without  danger  of  loss.  At  all  the  larger  post  offices  and 
at  many  of  the  smaller  ones,  international  money  orders 
may  also  be  obtained  at  rates  ranging  from  ten  cents  to 
one  dollar,  payable  in  almost  any  part  of  the  world  where  the 
mails  are  carried.  The  primary  object  of  the  postal  money- 
order  service  is  to  provide  for  the  public  a  safe,  convenient, 
and  cheap  method  of  making  remittances  by  mail,  and  it  is 
the  declared  policy  of  the  department  to  extend  the  service 
to  all  post  offices  where  its  introduction  is  practicable. 

Postal  Savings  Banks.— One  of  the  most  important  ex- 
tensions of  the  postal  service  is  the  establishment  of  a  sys- 
tem of  postal  savings  banks,  authorized  by  an  act  of  Con- 
gress passed  in  igio.1  This  service  has  long  been  performed 
by  the  governments  of  many  other  countries,  and  its  intro- 
duction into  the  United  States  had  been  strongly  recom- 
mended by  successive  postmasters-general  for  a  number  of 
years.  The  proposition  was  also  indorsed  by  both  of  the 
great  political  parties  in  their  national  platforms.  In  favor 
of  the  proposition  it  was  pointed  out  that  in  many  com- 
munities private  savings  banks  are  inaccessible,  there  being 
only  one  such  bank  to  every  52,000  of  the  population  of 
the  country,  as  a  whole;  that  on  account  of  the  popular 
distrust  of  private  savings  banks  in  many  communities, 
savings  were  hoarded  and  hidden  and  thus  kept  out  of 
circulation;  that  on  account  of  the  popular  confidence  in 
the  government  the  establishment  of  savings  banks  under 

1  Already  in  1906  a  system  of  postal  savings  banks  had  been  es- 
tablished in  the  Philippine  Islands,  where  it  was  giving  entire  satis- 
faction. 


POSTAL  SAVINGS  BANKS  255 

its  auspices  would  cause  the  money  now  hidden  to  be 
brought  out  and  put  into  circulation ;  that  it  would  encour- 
age thrift  and  economy  as  well  as  stimulate  loyalty  and 
patriotism  among  depositors;  and  that  it  would  improve 
the  conditions  of  farm  life,  thus  supplementing  the  work 
of  the  rural  free  delivery  service,  the  telephone,  and  the 
interurban  trolley  car. 

The  new  law  for  the  establishment  of  postal  savings  banks, 
as  amended  in  1918,  provides  that  any  person  may  deposit 
with  the  local  postmaster  of  any  office  which  has  been  made 
a  depository  (there  were  over  7000  such  offices  in  1918)  any 
amount  from  one  dollar  up  to  $2500  and  receive  interest 
thereon  at  two  per  cent  per  annum,  provided  the  amount 
has  been  on  deposit  at  least  six  months.  Detailed  pro- 
visions are  made  for  the  investment  by  the  government  of 
the  sums  deposited  in  the  post  offices  throughout  the  coun- 
try. There  were  in  1919  over  565,000  depositors  and  the 
total  deposits  were  $167,323,260,— an  average  of  nearly 
$300  per  depositor. 

Parcel  Post  Service. — In  many  countries  the  post  office 
department  also  performs,  through  the  parcel  post  service, 
what  amounts  to  an  express  business.  Thus  in  a  number  of 
the  European  countries  one  may  send  boxes  or  parcels  weigh- 
ing as  much  as  fifty  or  even  one  hundred  pounds  through  the 
mails  at  very  low  rates  of  postage.  In  the  United  States 
books  and  packages  of  merchandise  may  be  sent  through 
the  mails,  but  the  weight  of  the  package  except  in  the 
case  of  books  was  until  1913  limited  to  four  pounds.1 
The  limitation  as  to  weight  and  the  comparatively  high 

1  The  United  States  has  long  had  "  parcels  post "  treaties  with  a 
number  of  foreign  countries,  however,  by  which  parcels  weighing  as 
much  as  eleven  pounds  may  be  sent  through  the  mails  to  those 
countries  at  the  rate  of  twelve  cents  per  pound. 


256  OTHER  POWERS  OF  CONGRESS 

rate  oL  postage — sixteen  cents  per  pound — made  resort 
to  the  express  companies  necessary  much  more  than  in 
Europe.  For  some  years  there  was  a  widespread  agita- 
tion for  the  establishment  of  a  parcel  post  system  in  the 
United  States,  and  in  1912  Congress  provided  for  the 
installation  of  such  a  system  on  January  i,  1913.  The 
maximum  weight  limit  of  parcels  that  might  be  transported 
through  the  mails  was  increased  to  eleven  pounds  (and 
later  to  fifty  pounds;  seventy  pounds  for  short  distances), 
and  the  list  of  mailable  articles  was  enlarged  so  as  to  include 
butter,  eggs,  meats,  fruits,  and  vegetables.  In  1914  books 
were  added  to  the  list.  The  country  is  divided  into  zones 
according  to  the  distance  from  each  post  office,  and  the 
rate  of  postage  varies  both  with  the  weight  and  with  the 
zone  to  which  it  is  sent.  About  one  billion  parcels,  weigh- 
ing over  two  billion  pounds,  are  handled  annually.  So 
popular  is  the  service  that  in  1914  the  postmaster-general 
recommended  that  the  government  take  steps  toward  ac- 
quiring the  telegraph  and  telephone  service  of  the  country. 
Postal  Subsidies. — In  recent  years  there  has  been  con- 
siderable agitation,  principally  by  the  postal  authorities 
and  the  commercial  organizations  of  the  country,  in  favor 
of  extending  our  postal  facilities  with  certain  foreign  coun- 
tries, notably  South  America  and  the  Orient,  where  they 
are  now  very  inadequate.  While  most  of  the  European 
governments  have  quick  and  frequent  postal  communica- 
tions with  these  countries,  ours  are  slow  and  infrequent. 
Most  foreign  governments  have  adopted  the  policy  of  sub- 
sidizing private  steamship  .lines  to  carry  the  mails  to  out- 
of-the-way  places.  In  1891,  Congress  passed  a  law  for  this 
purpose,  but  the  amount  appropriated  is  so  small  that  the 
post  office  department  has  not  been  able  to  extend  our  mail 
facilities  with  foreign  countries  as  rapidly  as  needed. 


POST  OFFICE,  NEWARK,  NEW  JERSEY 


POST  OFFICE,  DES  MOINES,  IOWA 


xiii 


POSTAL  SUBSIDIES  257 

Shipping  Board. — With  a  view  to  building  up  the  Ameri- 
can merchant  marine,  which  in  recent  years  had  greatly 
declined,  Congress  in  1916  provided  for  the  appointment 
by  the  President  of  a  federal  shipping  board  composed  of 
five  commissioners  with  power  to  construct  or  purchase 
merchant  vessels  suitable  as  naval  auxiliaries  and  for  the 
carriage  of  American  commerce.  The  board  is  also  to 
supervise  common  carriers  engaged  in  transportation  by 
water.  As  a  war  measure,  the  extent  of  its  building  opeva- 
tions  was  greatly  increased  in  1917. 

International  Postal  Union. — In  this  connection  it  may 
be  noted  that  practically  all  the  countries  of  the  world 
have  joined  in  forming  what  is  known  as  the  International 
Postal  Union,  for  the  reciprocal  exchange  of  mails  between 
the  post  offices  of  all  countries  belonging  to  the  Union. 
The  rates  are  fixed  by  a  congress  which  represents  the 
member  states  and  which  meets,  in  normal  times,  every  five 
years.  A  letter  may  therefore  be  sent  from  one  country  to 
any  other  in  the  Union  at  a  uniform  rate,  which,  with  some 
exceptions,  is  five  cents.  By  special  arrangement  the  rate 
on  letters  between  the  United  States  and  the  British  Isles 
has  been  reduced  to  two  cents.  Likewise  the  rate  between 
the  United  States  and  Canada  or  Mexico  or  most  of  the 
West  Indies  is  by  special  arrangement  two  cents. 

Classes  of  Post  Offices.  —  Post  offices  are  grouped  in  four 
classes  on  the  basis  of  their  gross  annual  receipts.  First- 
class  offices  are  those  whose  gross  receipts  exceed  $40,000 
a  year.1  They  are  usually  located  in  buildings  owned  by 
the  government,  and  in  ths  larger  cities  there  are  branch 
offices  or  sub-stations  in  different  parts  of  the  city.  Fourth- 
class  offices  are  those  whose  annual  receipts  are  below  $1,000. 

1  The  receipts  of  the  New  York  post  office  are  about  $45,000,000 
a  year. 


258  OTHER  POWERS  OF  CONGRESS 

Salaries  of  postmasters  of  the  offices  of  the  first  three  classes 
are  determined  mainly  on  the  basis  of  the  receipts  of  the 
office.  Fourth-class  postmasters  receive  no  fixed  salary, 
but  instead  are  paid  a  percentage  of  the  value  of  the 
stamps  cancelled.  In  the  larger  post  offices  there  are 
in  addition  to  the  postmaster  one  or  more  assistant 
postmasters  and  a  force  of  clerks  and  carriers,  the  num- 
ber depending  on  the  amount  of  business  and  the  size 
of  the  city.  All  postmasters  are  appointed  after  exam- 
inations under  the  civil  service  rules.  Postmasters  of 
the  fourth  class  are  appointed  by  the  postmaster-general; 
those  of  the  other  three  classes  are  appointed  by  the 
President. 

Copyrights. — The  Constitution  gives  Congress  the  power 
to  promote  the  progress  of  science  and  useful  arts  by  secur- 
ing for  limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries.  The 
purpose  of  the  copyright  law  is  to  protect  authors  from 
having  their  books  and  other  writings  republished  without 
their  permission,  and  hence  to  prevent  the  rewards  of  their 
talent  and  industry  from  being  appropriated  by  others. 
In  pursuance  of  this  provision  Congress  has  enacted  legis- 
lation enumerating  the  productions  for  which  copyrights 
may  be  granted,  the  conditions  under  which  they  may  be 
secured,  and  the  terms  for  which  the  protection  shall  last. 
The  law  provides  that  copyrights  may  be  granted  for  books, 
musical  compositions,  maps,  works  of  art,  photographs,  and 
even  for  unpublished  works.  In  the  case  of  published  works 
two  copies  of  the  best  edition  must  be  deposited  with  the 
register  of  copyrights  at  Washington.  The  ordinary  form 
of  copyright  notice  is  "Copyright,  19 — ,  by  A.  B." 

The  term  of  the  copyright  is  twenty-eight  years,  but  it 
may  be  renewed  for  another  period  of  twenty-eight  years. 


COPYRIGHTS  259 

During  the  period  of  the  copyright  the  author  has  the  ex- 
clusive right  to  print,  publish,  and  sell  the  article  copy- 
righted, and  in  case  of  infringement  he  may  have  recourse 
to  the  federal  courts  for  damages  on  account  of  the  loss 
sustained.  A  copyright  may  be  sold  or  otherwise  trans- 
ferred, but  the  fact  must  be  recorded  by  the  register  of 
copyrights. 

International  Copyright. — Formerly  the  writings  of  an 
American  author  might  be  republished  in  a  foreign  country 
without  his  consent,  and  thus  he  had  no  protection  outside 
of  his  own  country.  Accordingly,  to  secure  protection  to 
American  authors  against  the  republication  of  their  works 
in  foreign  countries  without  their  consent,  Congress  en- 
acted laws  in  1891  and  1909,  looking  toward  the  reciprocal 
protection  of  American  and  foreign  authors  against  in- 
fringement of  the  rights  of  each  in  the  country  of  the  other. 
In  pursuance  of  these  acts  a  copyright  will  be  granted  to  a 
foreign  author  protecting  him  against  the  republication  of 
his  works  in  the  United  States,  provided  the  government 
of  which  he  is  a  subject  will  grant  similar  protection  to 
American  authors.  But  in  the  case  of  foreign  books  pub- 
lished in  the  English  language  the  book  must  be  printed 
and  bound  in  the  United  States  in  order  to  secure  the  bene- 
fits of  copyright.  International  copyright  treaties  designed 
to  secure  protection  of  this  sort  have  been  entered  into  be- 
tween the  United  States  and  a  number  of  foreign  countries. 

Patents. — A  patent  is  a  form  of  protection  granted  by 
the  government  to  an  inventor  to  secure  to  him  for  a  limited 
period  the  exclusive  enjoyment  of  the  fruits  of  his  skill  and 
industry.  Patents  were  granted  by  the  state  governments 
until  the  Constitution  conferred  this  power  on  Congress. 
In  1790  Congress  passed  a  law  authorizing  the  granting 
of  patents  for  new  and  useful  inventions,  and  this  law 


2&0  OTHER  POWERS  OF  CONGRESS 

has  been  amended  and  its  scope  extended  several  times 
since. 

The  Patent  Office. — In  1836,  an  office  or  bureau  charged 
with  receiving  applications,  conducting  examinations,  and 
granting  patents  was  created  in  the  department  of  state, 
but  it  was  transferred  to  the  department  of  the  interior 
in  1849.  This  office  has  grown  to  be  one  of  the  largest  and 
most  important  branches  of  the  government  service.  It 
has  a  large  number  of  examiners  and  experts  arranged  in 
groups,  each  of  which  examines  the  applications  for  patents 
for  inventions  of  a  particular  class. 

Conditions. — The  applicant  for  a  patent  must  declare 
upon  oath  that  he  believes  himself  to  be  the  original  in- 
ventor of  the  article  for  which  he  desires  a  patent,  and  he 
must  submit  with  his  application  a  full  description  or  draw- 
ing of  the  invention,  and  if  demanded,  also  a  model  of  the 
same.  The  invention  must  be  a  useful  one,  for  patents  will 
not  be  granted  for  inventions  which  have  no  practical  or 
scientific  value.  If  the  patent  is  refused  by  the  commis- 
sioner of  patents,  the  applicant  can  take  an  appeal  to  the 
court  of  appeals  of  the  District  of  Columbia.  A  fee  of 
fifteen  dollars  is  charged  for  filing  the  application,  and  one 
of  twenty  dollars  for  issuing  the  patent.1  The  term  for 
which  a  patent  may  be  issued  under  the  present  law  is 
seventeen  years,  which  term  may  be  extended  only  by  act 
of  Congress.  When  a  patent  is  granted  the  word  "pat- 
ented "  with  the  date  on  which  it  was  issued  must  be 
placed  on  the  article  in  order  that  the  public  may  have 
notice  of  the  fact  that  it  is  patented.  During  the  term  of 

1  Notwithstanding  the  large  number  of  employees  in  the  patent 
office,  the  office  is  self-supporting  by  reason  of  the  fees  charged  and 
the  large  number  of  applications,  the  annual  receipts  amounting  to 
more  than  $2,000,000. 


PATENTS  26l 

the  patent  the  inventor  has  the  exclusive  right  to  manu- 
facture, use,  or  sell  the  article,  and  in  case  of  infringement 
the  law  allows  him  to  apply  for  an  injunction  to  restrain 
the  infringer,  or  to  sue  for  damages.  Patents,  like  copy- 
rights, may  be  assigned  or  otherwise  transferred,  provided 
a  record  of  the  transfer  is  made  in  the  patent  office.1 

Number  of  Patents  Granted. — The  inventive  genius  of  the 
American  people  is  shown  by  the  large  number  of  patents 
which  have  been  issued  since  the  first  patent  law  was  passed 
in  1790.  The  number  granted  during  the  year  1919  alone 
amounted  to  37,259.  The  annual  reports  of  the  commis- 
sioner of  patents,  containing  a  list  of  the  patents  granted, 
together  with  specifications  and  drawings  of  the  inventions 
for  which  patents  have  been  issued,  constitute  a  remark- 
able record  of  the  growth  of  the  country  along  industrial 
and  scientific  lines. 

The  Military  Power  of  Congress. — The  Constitution 
confers  upon  Congress  the  power  to  declare  war,  grant 
letters  of  marque  and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water.  In  England  and  some  conti- 
nental European  states  the  power  of  declaring  war  belongs 
to  the  crown,  though  the  means  of  carrying  it  on  must  be 
provided  by  the  legislative  branch  of  the  government.  The 
framers  of  the  Constitution,  however,  with  their  distrust 
of  executive  power,  wisely  left  the  whole  matter  to  Con- 
gress. In  the  exercise  of  this  power  Congress  has  several 
times  declared  war  against  foreign  nations. 

1  An  inventor  who  needs  more  time  in  which  to  perfect  his  invention 
and  to  forestall  the  action  of  some  one  else  may  secure  a  caveat  which 
gives  him  a  year  in  which  to  complete  his  invention. 

Trade-marks  are  also  registered  by  the  patent  office  provided  they 
are  to  be  used  in  interstate  commerce.  Trade-marks  in  other  cases 
are  usually  protected  by  state  registration. 


262  OTHER  POWERS  OF  CONGRESS 

A  Letter  of  Marque  and  Reprisal  is  the  technical  term  for 
a  commission  issued  to  an  individual  by  a  belligerent 
government  authorizing  him  to  prey  upon  the  commerce 
of  the  enemy.  The  vessel  commanded  bv  a  person  holding 
such  a  commission  is  called  a  pnvaieer.  Privateering  was 
long  recognized  as  a  legitimate  mode  of  warfare,  but  the 
evils  of  the  practice,  due  mainly  to  lack  of  control  over  the 
person  bearing  a  commission  of  this  sort,  were  so  great  that 
a  congress  of  European  nations  held  in  Paris  in  1856  de- 
clared privateering  to  be  abolished.  Although  the  United 
States  has  never  formally  adhered  to  this  act,  there  is  no 
likelihood  that  our  government  will  ever  again  resort  to 
privateering. 

Captures. — In  pursuance  of  the  power  to  make  rules 
concerning  captures  on  land  and  sea,  Congress  has  adopted 
a  code  of  rules,  though  that  matter  is  regulated  for  the 
most  part  by  international  law.  Formerly  it  was  the  prac- 
tice to  allow  the  commander  and  crew  a  share  of  the  pro- 
ceeds of  prizes  captured  on  the  sea  in  time  of  war,  but  in 
1898  a  law  was  passed  abolishing  prize  money  and  provid- 
ing that  the  proceeds  from  the  sale  of  prizes  should  be  turned 
into  the  treasury  of  the  United  States.  In  case  of  rebellion 
or  insurrection  the  whole  matter  of  the  liability  of  the 
property  of  insurgents  is  within  the  control  of  Congress. 
Thus  during  the  Civil  War  acts  were  passed  for  the  con- 
fiscation of  all  property  of  the  Confederates  used  in  the 
prosecution  of  the  war,  as  well  as  all  abandoned  property, 
that  is,  property  belonging  to  persons  who  were  away 
from  their  homes  and  in  the  Confederate  service. 

The  Army. — The  Constitution  expressly  authorizes  Con- 
gress to  raise  and  support  armies,  subject  to  the  limi- 
tation that  no  appropriation  for  the  support  of  the  army 
shall  be  for  a  longer  period  than  two  years.  This  period 


THE  ARMY  263 

corresponds  to  the  term  of  Congress,  and  hence  the  limita- 
tion serves  to  keep  the  army  under  the  control  of  the  people. 
There  was  more  or  less  jealousy  of  standing  armies  at  the 
time  of  the  adoption  of  the  Constitution,  and  for  a  long 
time  the  regular  army  of  the  United  States  was  very  small; 
in  1898,  for  example,  it  was  only  27,000  men. 

Present  Strength  of  the  Army. — By  an  act  passed  in  1916 
provision  was  made  for  increasing  the  peace  strength  of  the 
regular  army  to  480,000  men;  for  establishing  officers' 
reserve  training  corps  at  colleges  and  universities;  for  main- 
taining camps  for  giving  military  training  to  citizens  who 
apply  for  it;  and  for  creating  a  regular  army  reserve,  the 
members  of  which  are  to  receive  at  least  fifteen  days'  train- 
ing each  year.  Provision  was  also  made  for  reorganizing 
the  militia  and  for  increasing  its  strength  ultimately  to 
about  425,000  men.  The  expense  of  the  training  camps 
and  of  equipping,  training,  and  paying  a  small  salary  to  the 
officers  and  men  of  the  organized  militia  and  of  the  regular 
army  reserve  is  to  be  borne  by  the  national  government. 
After  the  beginning  of  the  war  with  Germany  (1917), 
provision  was  made  for  raising  a  large  army  by  conscription 
of  able-bodied  young  men  between  the  ages  of  21  and  31 
years — later  on  between  18  and  45. l  By  the  act  of  June  4, 
1920,  the  strength  of  the  regular  army  was  reduced  to  150,- 
ooo  men  en  October  i,  1921. 

The  General  Staff. — In  1903  the  office  of  "commanding 
general"  was  abolished  and  in  its  place  a  general  staff  was 
created,  to  prepare  plans  for  the  conduct  of  military  opera- 
tions. By  the  acts  of  1916  and  1920  the  general  staff  was 
reorganized.  At  its  head  is  a  chief  of  staff  with  the  rank  of 

JIn  1918  when  the  World  War  closed  some  2,000,000  Americans 
were  under  arms  in  France  and  about  2,000,000  were  in  the  training 
camps  and  schools  in  the  United  States. 


264  OTHER   POWERS  OF  CONGRESS 

major  general,  who  in  time  of  peace  is  the  actual  head  of  the 
army.  Among  his  assistants  are:  a  chief  of  cavalry,  a  chief 
of  field  artillery,  a  chief  of  coast  artillery,  a  chief  of  infantry, 
and  a  chief  of  chaplains. 

Military  and  Naval  Expenditures. — The  expenditures  on 
account  of  the  military  and  naval  establishments  have 
increased  enormously  in  recent  years.  Before  the  war  with 
Spain  the  appropriations  for  the  maintenance  of  the  army 
did  not  exceed  $50,000,000  per  annum.  The  budget  of 
expenditures  for  the  year  1922  as  submitted  to  Congress  by 
the  President  aggregated  nearly  $4,000,000,000.  It  con- 
tained the  following  items:  war  department,  $390,000,000; 
navy,  $478,000,000;  pensions,  $258,000,000;  veterans 
bureau,  $438,000,000;  interest  on  the  national  debt, 
$976,000,000;  total,  $2,539,000,000,  or  more  than  60  per 
cent  of  the  total,  leaving  less  than  40  per  cent  for  civil 
purposes.  In  the  hope  of  bringing  about  an  agreement 
among  the  nations  for  a  reduction  of  their  military  and 
naval  expenditures,  a  conference  of  the  Powers,  called  by 
President  Harding,  assembled  at  Washington  in  Novem- 
ber, 1921.  Here  an  agreement  was  reached  to  reduce 
naval  expenditures. 

Volunteers. — Except  during  the  Civil  War  and  the  war 
with  Germany,  resort  has  never  been  made  to  conscription 
for  recruiting  the  army — a  practice  alm6st  universal  in 
Europe.  In  most  of  our  wars  the  chief  reliance  has  been  on 
volunteers  and  the  militia.  Thus  at  the  outbreak  of  the 
Civil  War  the  President  was  authorized  to  accept  the  serv- 
ices of  500,000  volunteers,  and  at  the  outbreak  of  the  war 
with  Spain  in  1898,  the  President  called  for  200,000  volun- 
teers. It  takes  much  training  to  convert  an  inexperienced 
volunteer  into  an  efficient  soldier;  but  many  of  our  great 
battles  have  been  fought  chiefly  by  the  volunteer  forces. 


THE  ARMY  265 

The  Militia. — The  Constitution  also  authorizes  Congress 
to  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions ; 
and  to  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States.  The 
militia  as  denned  by  act  of  Congress  consists  of  all  able- 
bodied  male  citizens  of  the  United  States  between  the 
ages  of  eighteen  and  forty-five.  That  portion  of  the  militia 
regularly  organized,  uniformed,  and  occasionally  drilled  and 
taught  military  tactics  constitutes  the  national  guard.1 

Each  state  organizes  and  controls  its  own  militia,  and 
the  national  government  has  no  control  over  it  until  it  has 
been  called  into  the  service  of  the  United  States,  when  it 
becomes  subject  to  the  rules  and  discipline  prescribed  for 
the  government  of  the  regular  army.  In  1795,  Congress 
passed  an  act  prescribing  the  conditions  under  which  the 
militia  might  be  called  into  the  service  of  the  United  States. 
This  act  conferred  on  the  President  of  the  United  States 
the  power  to  call  out  the  militia  whenever,  in  his  judgment, 
it  was  necessary  or  expedient.  Such  calls  are  addressed 
to  the  governors  of  the  states,  who  are  the  commanders  of 
their  several  portions  of  the  militia.  When,  however,  the 
militia  has  been  mustered  into  the  service  of  the  United 
States  the  President  becomes  their  commander  in  chief. 
In  pursuance  of  this  authority  the  President  has  called  out 
the  militia  on  two  different  occasions;  during  the  War  of 
1812  to  repel  invasion;  and  during  the  Civil  War  to  sup- 
press insurrection.  In  1898  when  the  war  with  Spain  was 
declared,  the  call  was  issued  not  for  the  militia  but  for 

1The  actual  strength  of  the  national  guard  in  1921  was  about 
113,600  men.  But  the  plans  for  its  development  contemplate  an 
ultimate  strength  of  425,000  men. 


266  OTHER  POWERS  OF  CONGRESS 

volunteers.1  Nevertheless  many  of  the  volunteers  who  re- 
sponded were  as  a  matter  of  fact  members  of  the  organized 
militia  of  their  respective  states.  In  pursuance  of  author- 
ity conferred  by  Congress  in  1916,  the  President  drafted 
the  organized  militia  into  the  federal  service  m  that  year 
for  service  on  the  Mexican  border,  and  again  in  1917  on 
account  of  the  war  with  Germany. 

The  Naval  Militia. — In  a  number  of  the  seaboard  states 
and  some  of  those  bordering  on  the  Great  Lakes,  there  are 
organized  bodies  of  naval  militia,  with  training  ships  loaned 
by  the  United  States  for  the  purpose  of  drill  and  instruc- 
tion. Like  the  land  militia,  the  naval  militia  of  each  state 
is  under  the  control  of  the  state  and  until  called  into  the 
federal  service  is  under  the  command  of  the  governor.2 

The  Navy. — Congress  is  also  authorized  by  the  Con- 
stitution to  provide  and  maintain  a  navy.  In  pursuance 
of  this  authority,  Congress  created  a  small  naval  establish- 
ment in  1794,  but  it  amounted  to  little  until  the  War  of 
1812,  when  it  was  strengthened  by  the  improvisation  of  a 
number  of  war  vessels  which  won  brilliant  victories  over 
the  ships  of  Great  Britain.  Thereafter  the  navy  was  neg- 
lected until  the  necessities  of  the  Civil  War  required  its 
rehabilitation.  At  the  close  of  the  war  the  vessels  in  the 

1  This  was  due  to  the  fact  that  there  was  doubt  as  to  whether 
the  militia  could  be  called  out  and  sent  abroad  for  the  purpose  of 
prosecuting  a  war  against  a  foreign  country,  in  view  of  the  specifica- 
tion in  the  Constitution  of  the  objects  for  which  the  militia  may 
be  called  into  the  service  of  the  United  States.  Under  the  Act  of 
1916,  the  organized  militia  may  be  drafted  into  the  service  of  the 
United  States  for  use  anywhere  if  Congress  declares  that  an  emergency 
exists.  They  were  so  drafted  in  1917  and  sent  to  Europe,  not  as 
militia,  but  as  a  part  of  the  regular  army. 

2  According  to  the  report  of  the  secretary  of  the  navy  for  1916,  the 
naval  militia  of  the  states  numbered  9,170  men  and  636  officers. 


THE  NAVY 


267 


service  numbered  683,  but  they  were  sold  or  otherwise 
disposed  of,  and  what  was  once  the  most  powerful  navy  in 
existence  was  allowed  to  go  to  pieces.  In  1881  a  board  of 
naval  officers  prepared  a  somewhat  elaborate  naval  program 
and  recommended  the  construction  during  the  next  eight 
years  of  some  120  naval  vessels.  The  work  was  begun  in 
1883  —  a  date  which  may  properly  be  fixed  as  the  beginning 
of  our  present  navy.  The  first  important  appropriation, 
that  of  1883,  was  less  than  $15,000,000.  Each  year 
the  amount  was  increased  until  in  1917  it  had  reached 


Present  Strength  of  the  Navy.  —  The  number  of  officers 
and  enlisted  men  in  the  navy  in  August,  1919,  was  241,357, 
besides  about  19,000  men  in  the  marine  corps.  The  total 
number  of  vessels  of  all  kinds  for  fighting,  built  or  in  process 
of  construction,  was  about  1070.  These  included  50  battle- 
ships, 1  8  armored  cruisers  of  various  types,  7  monitors, 
some  30  unarmored  cruisers  of  different  types,  about  360 
destroyers  and  torpedo  boats,  about  160  submarines,  336 
submarine  chasers,  and  about  100  gunboats  and  patrol 
vessels. 

According  to  the  report  of  the  Secretary  of  the  Navy  in  1919,  the 
naval  standing  of  the  great  powers  was  as  follows  : 


NUMBER  OF  SHIPS 

TOTAL  TONNAGE 

Great  Britain      

812 

2  691  211 

United  States 

•J-1Q 

I  O7O  ^"76 

France       

222 

CC2  7?? 

I2O 

CAO  426 

Italy     

237 

28?  023 

Russia  ....         .... 

IOI 

2  <?4  14.8 

Germany  

36 

116,886 

For  administrative  purposes  the  ships  of  the  navy  are 
grouped  into  fleets,  and  these  are  again  subdivided  into 


268  OTHER  POWERS  OF  CONGRESS 

squadrons.  Thus  the  North  Atlantic  fleet  is  divided  into  a 
coast  squadron  and  a  Caribbean  squadron.  Within  each 
squadron  there  are  usually  a  number  of  divisions.  There  are 
navy  yards  where  ships  are  either  built  or  repaired  at  a 
number  of  places  on  the  Atlantic  and  Pacific  coasts,1  and 
there  are  several  training  schools  for  recruits,  and  a  naval 
academy  at  Annapolis  (founded  in  1845),  where  young  men 
are  educated  for  service  in  the  navy.2  There  is  also  a  naval 
war  college  at  Newport,  Rhode  Island,  for  advanced  study 
of  naval  problems  and  questions  of  international  law. 

Ranks. — Until  1862,  the  highest  official  rank  in  the  navy 
was  that  of  captain,  although  the  title  commodore  was 
popularly  applied  to  officers  in  command  of  a  squadron. 
The  following  table  is  a  list  of  the  officers  of  the  navy,  be- 
ginning with  the  highest,  together  with  the  corresponding 
ranks  in  the  army: 

Navy  Army 

Admiral.  General. 

Vice  Admiral.  Lieutenant  General. 

Rear  Admiral.  Major  General. 

Commodore.3  Brigadier  General. 

Captain.  Colonel. 

Commander.  Lieutenant  Colonel. 

Lieutenant  Commander.  Major. 

Lieutenant.  Captain. 

Lieutenant,  junior  grade.  First  Lieutenant. 

Ensign.  Second  Lieutenant. 

1  Most  of  the  ships  of  the  navy  have  been  constructed  by  contract 
with  private  shipbuilding  companies,  but  several  experiments  have 
been  made  of  government  construction  in  the  navy  yards.     Thus 
the  battleship  Louisiana  and  several  others  were  constructed  by  the 
government  in  its  own  shipyards. 

2  For  further  information  concerning  the  naval  academy,  see  p.  338. 

3  The  rank  of  commodore  no  longer  exists  except  for  its  survival 
on  the  retired  list.    There  are  some  twenty-five  or  thirty  rear  ad- 


THE  NAVY  269 

Marine  Corps. — Officers  in  the  Marine  Corps  have  the 
same  ranks  as  in  the  army.  While  serving  generally  under 
the  direction  of  the  secretary  of  the  navy,  the  corps  may 
serve  with  the  army  by  order  of  the  President. 

Bankruptcy  Legislation. — The  Constitution  confers  upon 
Congress  the  power  to  pass  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  States.  Bankruptcy 
is  the  condition  of  a  person  whose  liabilities  exceed  his 
assets,  and  a  bankruptcy  law  is  one  which  provides  for  the 
distribution  of  the  assets  of  such  a  person  among  his  cred- 
itors and  for  his  discharge  from  further  legal  obligation 
to  pay  his  debts,  thus  enabling  him  to  make  a  new  beginning 
in  business.  The  discharge  is  only  from  the  legal  obligation ; 
the  moral  obligation  remains,  and  should  be  fulfilled  in  case 
of  ability  to  do  so  in  the  future. 

State  Insolvency  Laws. — Before  the  adoption  of  the  Con- 
stitution the  states  passed  insolvency  laws  discharging 
debtors  from  their  legal  obligations,  and  it  has  been  held 
by  the  Supreme  Court  that  they  may  still  pass  such  laws, 
subject  to  the  condition  that  they  can  affect  only  citizens 
of  the  state  in  which  the  law  is  passed,  and  apply  only  to 
such  contracts  as  may  be  entered  into  subsequent  to  the 
enactment  of  the  law.  If  there  is  a  federal  bankruptcy  law 
in  force  it  supersedes  all  conflicting  provisions  in  the  state 
laws  on  the  subject. 

Federal  Acts. — Since  the  Constitution  went  into  effect 
Congress  has  enacted  four  different  bankruptcy  laws, 
namely,  in  1802,  1840,  1867,  and  1898,  the  first  three  of 
which  were  in  operation  only  fifteen  years  altogether.  The 

mirals.  The  act  of  1 899,  under  which  Dewey  was  appointed  admiral,  pro- 
vided that  the  office  should  cease  to  exist  with  his  death,  but  in  1915  the 
rank  of  admiral  and  vice  admiral  was  reestablished  and  the  former  rank  is 
now  held  by  the  commanders  of  the  Atlantic,  Pacific,  and  Asiatic  fleets. 


270  OTHER  POWERS  OF  CONGRESS 

present  law — that  of  1898 — provides  for  both  "voluntary" 
and  "involuntary"  bankruptcy.  Any  debtor,  except  a 
corporation,  may  voluntarily  have  himself  adjudged  a 
bankrupt  by  filing  a  petition  in  a  United  States  district 
court,  showing  that  his  liabilities  are  in  excess  of  his  assets. 
Any  debtor  except  a  corporation,  a  wage  earner,  or  a  farmer, 
may,  against  his  will,  upon  petition  of  his  creditors,  be  de- 
clared a  bankrupt  under  certain  conditions. 

Bankruptcy  petitions  are  referred  to  "referees"  for 
examination  and  report.  After  hearing  the  testimony  on 
the  petition  the  referee  reports  his  findings  to  the  court, 
which  makes  its  decision  largely  on  the  basis  of  such  find- 
ings. 

Implied  Powers. — After  expressly  enumerating  in  suc- 
cession the  various  powers  of  Congress,  the  more  important 
of  which  have  been  described  above,  the  Constitution  con- 
cludes with  a  sort  of  general  grant,  empowering  Congress 
to  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  those  enumerated  above.  This  is 
sometimes  called  "the  elastic  clause,"  since  it  is  capable  of 
being  stretched  by  interpretation  to  cover  many  matters 
that  Congress  might  not  otherwise  feel  authorized  to  deal 
with.  It  is  doubtful,  however,  whether  it  really  adds  any- 
thing to  the  power  of  Congress,  since  that  body  would 
unquestionably  have  authority  to  do  whatever  is  necessary 
and  proper  to  carry  into  effect  the  powers  expressly  con- 
ferred upon  it.  It  is  a  maxim  of  constitutional  construction 
that  wherever  power  to  do  a  particular  thing  is  conferred, 
the  means  for  doing  it  are  implied.  Manifestly  it  would 
have  been  impossible  to  set  forth  in  detail  all  the  incidental 
powers  necessary  to  be  exercised  in  carrying  into  effect  the 
mandates  of  the  Constitution  relating  to  taxes,  coinage, 
post  offices,  making  war,  etc. 


IMPLIED  POWERS  271 

Liberal  vs.  Strict  Construction. — The  question  of  the  in- 
terpretation of  the  scope  and  meaning  of  this  grant  of 
powers  arose  very  early  in  the  history  of  the  national  gov- 
ernment, in  connection  with  the  proposition  of  Hamilton  to 
establish  a  United  States  bank.  Hamilton  contended  that 
the  authority  to  establish  such  an  institution  was  clearly 
implied  in  the  power  to  borrow  money  and  pay  the  debts 
of  the  United  States.  A  federal  bank,  he  urged,  was  a 
proper  if  not  a  necessary  means  for  carrying  into  effect 
these  important  powers  of  Congress,  just  as  the  establish- 
ment of  a  mint  was  necessary  to  carry  out  the  power  relat- 
ing to  the  coinage  of  money.  Jefferson  and  his  school  of 
political  thinkers,  however,  held  to  a  strict  interpretation 
of  the  Constitution  and  maintained  that  Congress  had  no 
right  to  exercise  any  power  which  was  not  expressly  con- 
ferred. The  view  of  the  "loose"  or  "liberal"  construc- 
tionists,  however,  prevailed,  and  from  the  beginning  Con- 
gress has  relied  upon  the  doctrine  of  implied  powers  for  its 
authority  to  legislate  on  many  important  questions. 

Examples  0f  Implied  Powers. — It  was  upon  this  author- 
ity that  foreign  territory  has  been  purchased  and  governed; 
that  a  protective  tariff  has  been  levied;  that  a  national 
bank  was  established;  that  legal  tender  paper  money  has 
been  issued ;  that  the  construction  of  the  Panama  Canal  has 
been  undertaken;  that  ship  subsidies  have  been  granted; 
that  postal  savings  banks  have  been  established;  that  ed- 
ucation has  been  fostered;  and  many  other  activities  un- 
dertaken. The  policy  of  liberal  interpretation  was  first 
adopted  by  Chief  Justice  Marshall  of  the  Supreme  Court 
and  his  associates,  and  with  rare  exceptions  has  been  fol- 
lowed by  the  court  throughout  its  entire  history.  The  ef- 
fect has  been  to  strengthen  the  national  government  and 
render  it  capable  of  fulfilling  the  great  purposes  for  which 


272  OTHER  POWERS  OF  CONGRESS 

it  was  created.  The  whole  course  of  our  political  and  con- 
stitutional history  is  different  from  what  it  would  have 
been  had  the  view  of  the  strict  'cons tructionists  prevailed. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  120-148. 
BEARD,  American  Government  and  Politics,  ch.  xix.  COOLEY,  Prin- 
ciples of  Constitutional  Law,  pp.  94-111.  FAIRLIE,  National  Admin- 
istration, chs.  ix,  x,  xii.  HART,  Actual  Government,  ch.  xxiv. 

Documentary  and  Illustrative  Material. — Copies  of  the  annual 
reports  of  the  Postmaster-General,  the  Librarian  of  Congress,  the 
Commissioner  of  Patents,  the  Secretary  of  War,  and  the  Secretary  of 
the  Navy,  all  of  which  may  be  obtained  gratis  from  the  officials 
mentioned. 

RESEARCH  QUESTIONS 

1.  Why  should  the  postal  service  be  conducted  by  the  govern- 
ment?    Should  the  transportation  of  the  mail  be  a  government 
monopoly? 

2.  Should  the  rates  of  postage  on  second-class  matter,  in  your 
opinion,  be  increased?    Why? 

3.  What  are  the  advantages  of  a  postal  savings  bank  system? 

4.  Ought  the  government  to  establish  a  parcels  post  system?    To 
what  extent  do  we  already  have  a  parcels  post  service? 

5.  Do  you  think  our  postal  facilities  with  South  America  and  the 
Orient  should  be  improved  by  means  of  ship  subsidies? 

6.  What  would  be  the  advantage  of  making  the  tenure  of  post- 
masters permanent? 

7.  Why  should  the  granting  of  copyrights  and  patents  be  placed 
under  the  jurisdiction  of  the  national  government  rather  than  under 
that  of  the  state  governments? 

8.  Why  should  the  term  of  a  copyright  or  patent  be  limited? 

9.  Socialists  argue  that  since  the  granting  of  a  patent  to  an  in- 
ventor secures  to  him  a  monopoly  of  the  manufacture  and  sale  of  his 
invention,  the  government  ought  not  to  grant  patents  for  such  pur- 
poses.   What  is  your  opinion  of  this  argument?    Would  it  be  better 
for  the  government  to  compensate  the  inventor  and  remove  the 
restrictions  upon  the  manufacture  and  sale  of  his  invention? 

10.  Why  are  the  appropriations  for  the  maintenance  of  the  army 
limited  to  two  years? 


STATE,  WAR,  AND  NAVY  BUILDING,  WASHINGTON,  B.C. 


MIDSHIPMEN  OF  THE  NAVAL  ACADEMY,  ANNAPOLIS,  MARYLAND, 
ON  THEIR  WAY  TO  A  DRILL  SHIP 


xiv 


RESEARCH  QUESTIONS  273 

11.  Should  the  expenditures  on  account  of  the  army  and  navy,  in 
your  opinion,  be  reduced? 

12.  What  do  you  understand  by  the  movement  among  the  nations 
for  disarmament?     Do  you  think  disarmament  desirable  or  prac- 
ticable? 

13.  Tell  something  of  the  objects  and  results  of  The  Hague  Peace 
Conferences.     Give  examples  of  some  disputes  between  the  United 
States  and  other  countries  that  have  been  settled  by  arbitration. 

14.  What  is  the  purpose  of  a  bankruptcy  law,  and  why  should  the 
power  to  enact  bankruptcy  legislation  be  conferred  upon  Congress 
rather  than  left  to  the  states? 

15.  What  is  the  distinction  between  "implied"  and  "inherent" 
powers  under  the  Constitution?    Give  some  examples  of  each. 

1 6.  Which  in  your  judgment  is  the  safer  policy,  that  of  strict 
construction  of  the  Constitution  or  liberal  construction? 

Govt.  U.  S.—-i8 


CHAPTER  XV 

THE  PRESIDENCY:  ORGANIZATION  AND  MODE  OF  ELECTION 

The  Presidential  Office. — One  of  the  weaknesses  in  the 
organization  of  the  government  under  the  Articles  of  Con- 
federation  was,  as  we  have  seen,  the  lack  of  an  executive 
to  carry  into  effect  the  resolutions  of  Congress  and  the 
treaties  of  the  United  States.  There  was  no  doubt,  there- 
fore, in  the  minds  of  the  framers  of  the  Constitution  in 
regard  to  the  desirability  of  providing  for  an  executive  de- 
partment coordinate  with  the  legislative  department.  It 
was  accordingly  declared  that  the  executive  power  should 
be  vested  in  an  officer  called  the  President  of  the  United 
States. 

Proposed  Executive  Council. — While  the  convention  was 
practically  unanimous  in  the  view  that  the  supreme  ex- 
ecutive power  should  be  vested  in  a  single  person,  a  good 
many  members  looked  with  favor  on  a  proposition  to  as- 
sociate with  the  President  an  executive  council  which 
should  share  with  him  the  exercise  of  the  executive  power 
in  certain  important  fields.  Most  of  the  state  constitutions 
then  in  force  had  provided  such  councils,  and  now  that  a 
national  executive  with  far  larger  powers  was  being  created 
there  was  all  the  more  reason  why  it  should  be  placed  to 
some  extent  under  the  guardianship  of  a  council.  But  the 
proposition  was  rejected,  and  in  its  place  the  Senate  was 
charged  with  acting  as  an  executive  council  to  the  President 

274 


THE  PRESIDENTIAL  OFFICE  275 

in  negotiating  treaties  and  the  making  of  appointments, 
but  in  no  other  respects. 

Qualifications  of  the  President. — The  Constitution  re- 
quires that  the  President  shall  be  a  natural  born  citizen  of 
the  United  States,1  that  he  must  have  attained  the  age  of 
thirty-five  years,  and  must  have  been  fourteen  years  a  resi- 
dent of  the  United  States.  The  same  qualifications  are  re- 
quired of  the  Vice  President. 

The  Presidential  Term. — There  was  considerable  dis- 
cussion in  the  convention  regarding  the  term  of  the  Presi- 
dent. It  was  first  decided  that  the  term  should  be  seven 
years  and  the  President  made  ineligible  to  a  second  term, 
but  upon  further  consideration  the  convention  decided  to 
fix  the  term  at  four  years  and  nothing  was  said  in  regard 
to  reeligibility.  The  result  is,  the  President  may  serve  as 
many  terms  as  the  people  may  see  fit  to  elect  him.  The 
following  Presidents  have  been  elected  to  two  terms :  Wash- 
ington, Jefferson,  Madison,  Monroe,  Jackson,  Lincoln, 
Grant,  Cleveland,  McKinley,  and  Wilson.2  Cleveland, 
after  serving  one  term,  was  renominated  by  his  party  but 
was  defeated  by  the  Republican  candidate.  He  was  then 
nominated  for  the  third  time  by  his  party  and  was  elected. 
Washington  declined  a  third  term  and  his  example  has 

1  Or  a  citizen  of  the  United  States  at  the  time  of  the  adoption  of 
the  Constitution.  This  exception  was  made  out  of  respect  to  the 
distinguished  men  of  foreign  birth,  such  as  Alexander  Hamilton  and 
James  Wilson,  who  were  members  of  the  convention  that  framed  the 
Constitution.  As  more  than  a  hundred  years  have  elapsed  since  the 
adoption  of  the  Constitution,  the  exception,  of  course,  no  longer  has 
any  meaning. 

J  Mr.  Roosevelt  became  President  by  the  death  of  President  Mc- 
Kinley about  half  a  year  after  the  beginning  of  the  latter's  second 
term.  He  served  out  the  unexpired  term  of  Mr*  McKinley  and  was 
elected  to  the  following  full  term  of  four  years. 


276  THE  PRESIDENCY:  ORGANIZATION,  ETC. 

been  followed  by  his  successors.  The  precedent  thus  es- 
tablished, that  the  President  shall  serve  only  two  terms, 
has  become  part  of  our  unwritten  constitution,  and  but 
two  attempts  have  ever  been  made  to  break  the  custom.1 

Mode  of  Election. — No  question  consumed  so  much  of 
the  time  of  the  convention  as  that  relating  to  the  method 
of  choosing  the  President.  Various  schemes  were  proposed. 
A  few  members  favored  election  by  the  people  ;  others 
urged  election  by  Congress.  Against  the  method  of  popu- 
lar choice  it  was  argued  that  the  people  were  not  compe- 
tent to  choose  a  chief  magistrate  for  the  entire  country, 
and  besides,  under  such  a  system,  they  would  be  influ- 
enced by  demagogues  and  scheming  politicians.  Again, 
the  tumults  and  disorders,  the  "  heats  and  ferments  "  of  a 
popular  election  would  convulse  the  community  to  the 
breaking  point.  Against  the  method  of  election  by  Con- 
gress, it  was  urged  that  the  President  would  be  a  mere 
creature  or  tool  of  that  assembly  and  would  be  under  the 
temptation  of  making  promises  or  entering  into  bargains 
with  influential  members  in  order  to  secure  an  election. 
Moreover,  such  a  method  was  contrary  to  the  great  prin- 
ciple upon  which  all  the  members  were  agreed,  namely, 
that  the  three  departments  of  the  national  government 
should  be  kept  separate  and  independent  of  one  another. 

The  clause  as  finally  adopted  provides  that  the  President 
shall  be  chosen,  not  directly  by  the  voters,  but  by  electors 
to  be  appointed  in  each  state  in  such  manner  as  the  legis- 
lature thereof  may  direct,  each  state  to  have  as  many  elec- 
tors as  it  has  senators  and  representatives  in  Congress. 

1  The  first  was  made  by  ex-President  Grant,  who  in  1880  was  a 
candidate  for  the  Republican  nomination  for  a  third  term,  but  failed 
to  secure  it.  The  second  was  made  by  ex-President  Roosevelt  in 
1912. 


MODE  OF  ELECTION  277 

Breakdown  of  the  Electoral  Plan. — It  was  at  first  expected 
that  the  electors  of  the  different  states,  composed  of  lead- 
ing citizens  presumably  well  acquainted  with  the  qualifi- 
cations of  the  candidates  for  the  chief  magistracy,  would 
meet  at  the  state  capitals,  discuss  among  themselves  the 
strength  and  weaknesses  of  the  several  candidates,  and 
then  exercising  their  full  judgment,  cast  their  votes  for 
the  fittest.  But  the  scheme  quickly  broke  down  in  prac- 
tice, and  instead  of  a  real  choice  by  small  bodies  of  men, 
we  have  a  system  which  amounts  to  direct  election  by  the 
masses  of  the  voters,  though  the  form  of  indirect  election 
is  still  followed.  As  soon  as  political  parties  were  thor- 
oughly organized,  the  electors,  who  were  intended  to  be 
men  "capable  of  analyzing  the  qualities  adapted  to  the 
Presidential  office,"  were  reduced  to  the  position  of  party 
puppets  who  no  longer  exercised  their  own  judgment  in 
choosing  the  President  but  merely  registered,  like  automata, 
the  will  of  their  party.  As  Ex-President  Harrison  once  re- 
marked, an  elector  who  should  fail  to  vote  for  the  nominee 
of  his  party  would  be  the  object  of  execration  and  in  times 
of  very  high  excitement  might  be  the  subject  of  a  lynching. 1 
So  closely  do  the  electors  obey  the  will  of  their  party  that 
we  always  know  at  the  close  of  election  day,  on  Tuesday 
after  the  first  Monday  in  November,  when  the  electors 
themselves  are  chosen,  who  will  be  the  next  President, 
though  in  fact  the  electors  do  not  meet  in  their  respective 
states  until  the  following  January,  formally  to  register  the 
choice  of  the  people. 

Choosing  Presidential  Electors. — In  the  beginning  the 
presidential  electors  of  each  state  were  chosen  by  the  leg- 
islature, either  by  joint  ballot  of  the  two  houses  sitting  to- 
gether, or  by  concurrent  vote.  In  the  course  of  time,  how- 
»  "This  Country  of  Ours,"  p.  77. 


278  THE  PRESIDENCY:  MODE  OF  ELECTION 

ever,  popular  election  of  electors  was  introduced,  South 
Carolina  (1868)  being  the  last  state  to  choose  its  electors 
by  the  legislature. 

Choice  by  General  Ticket. — When  the  system  of  popular 
choice  of  electors  was  adopted,  two  different  methods  were 
followed:  choice  by  districts,  and  choice  on  general  ticket 
from  the  state  at  large;  but  by  1832  all  the  states  except 
Maryland  had  adopted  the  general  ticket  method,  and  now 
there  is  no  state  which  follows  the  district  method. 

Representatives  in  Congress,  as  we  have  seen,  are  elected 
by  districts,  and  hence  the  delegation  in  Congress  from 
a  particular  state  is  often  divided  between  Democrats  and 
Republicans.  But  not  so  with  Presidential  electors;  usu- 
ally the  party  in  the  majority  in  the  state,  however  small  the 
majority,  chooses  all  the  electors.  Thus  when  the  Demo- 
cratic party  carried  New  York  by  a  majority  of  hardly 
more  than  1,000  votes  in  1884,  the  entire  electoral  vote  was 
counted  for  Cleveland.1 

Among  the  results  of  the  rule  which  gives  the  entire 
electoral  vote  of  the  state  to  one  of  the  candidates,  not- 
withstanding the  size  of  the  vote  polled  by  the  other  can- 
didate, is  that  each  party  concentrates  its  efforts  in  the 

1  It  sometimes  happens  that  the  electoral  vote  of  a  state  is  divided, 
though  the  instances  are  rare.  This  may  be  due  to  the  personal  un- 
popularity of  one  of  the  electoral  candidates  of  the  majority  party,  or 
it  may  be  due  to  the  mistake  of  many  voters  in  casting  their  ballots 
for  the  candidate  for  elector  at  the  head  of  the  ticket  only,  believing 
that  they  are  thereby  voting  for  the  whole  ticket.  As  a  result  of  the 
former  cause,  Harrison  received  one  vote  in  California  in  1892,  while 
Cleveland  had  the  other  eight.  As  a  result  chiefly  of  the  latter 
blunder,  Taft  received  only  two  electoral  votes  in  Maryland  in 
1908,  and  Bryan  received  the  other  six.  In  1916  the  vote  of  West 
Virginia  was  divided,  Wilson  receiving  one  vote  and  Hughes  the  other 
seven. 


CHOOSING  PRESIDENTIAL  ELECTORS  279 

large  "pivotal"  states  whose  votes  are  decisive,  and  thereby 
bribery  and  fraud  in  such  states  are  powerfully  stimulated. 

Candidates  for  the  office  of  elector  are  nominated  usually 
by  the  state  conventions  of  each  party.  No  senator  or  rep- 
resentative or  any  person  holding  an  office  of  honor,  trust,  or 
profit  under  the  United  States  is  eligible  to  the  office  of  elec- 
tor. Congress,  under  the  Constitution,  has  power  to  fix  the 
day  on  which  the  electors  shall  be  chosen,  and  it  has  fixed 
the  day  as  Tuesday  after  the  first  Monday  in  November 

Electoral  and  Popular  Vote. — Generally  the  candidate 
for  President  whose  electors  receive  the  largest  popular 
vote  will  also  receive  the  largest  electoral  vote;  but  this 
has  not  always  happened,  and  usually  there  is  only  a  rough 
correspondence  between  the  popular  vote  and  the  electoral 
vote.  Thus  in  1860  Lincoln  received  only  about  forty  per 
cent  of  the  popular  vote,  though  he  received  a  substantial 
majority  (about  fifty-nine  per  cent)  of  the  electoral  vote. 
Again,  in  1864  he  received  only  about  fifty-five  per  cent  of 
the  popular  vote,  but  ninety-one  per  cent  of  the  electoral 
vote.  In  1912  Wilson  received  forty- two  per  cent  of  the 
popular  vote,  and  eighty-two  per  cent  of  the  electoral  vote. 
Such  discrepancies  are  due  to  the  fact  that  the  entire  elec- 
toral vote  of  a  state  is  usually  cast  for  the  candidate  who 
receives  a  plurality  of  the  popular  vote  of  the  state,  how- 
ever small  it  may  be.  A  party,  therefore,  may  carry 
enough  states  by  small  margins  to  secure  a  majority  of  the 
electors  and  yet  be  in  a  minority  so  far  as  the  popular  vote 
of  the  entire  country  is  concerned. 

Choice  of  the  President  by  the  Electors. — The  electors, 
on  the  second  Monday  of  January  following  their  election, 
assemble  in  their  respective  state  capitals  for  the  purpose 
of  choosing  the  President.1  The  Constitution  as  it  now 

1  The  day  on  which  the  electors  assemble  must  be  the  same  through- 


280  THE  PRESIDENCY:  MODE  OF  ELECTION 

stands  requires  the  electors  to  vote  by  ballot  for  President 
and  by  a  distinct  ballot  vote  for  Vice  President,  and  make 
separate  lists  of  all  persons  voted  for  as  President  and  of 
all  persons  voted  for  as  Vice  President. 

The  Original  Method. — The  Constitution  as  originally 
adopted  did  not  require  the  electors  in  casting  their  bal- 
lots to  indicate  the  person  for  whom  they  were  voting  as 
President  and  whom  for  Vice  President,  or  to  prepare  dis- 
tinct lists.  The  one  who  received  the  highest  vote  (if  a 
majority)  was  to  be  President,  and  the  one  receiving  the 
next  highest  number  (whether  a  majority  or  not)  was  to  be 
Vice  President.  The  result  of  this  method  of  choosing  the 
President  was  that  as  soon  as  political  parties  were  formed 
and  the  electors  came  to  vote  strictly  on  the  basis  of  party 
there  would  be  a  tie  between  the  two  persons  highest  on 
the  list,  and  as  there  was  nothing  to  show  on  the  record 
which  was  intended  for  President  and  which  for  Vice 
President  there  would  be  no  election.  This  happened  in 
1801,  when  Jefferson  and  Burr  each  received  seventy- three 
electoral  votes,  and  the  choice  between  them  had  to  be 
made  by  the  house  of  representatives  as  the  Constitution 
provides. 

Twelfth  Amendment. — To  remove  the  difficulty,  the 
Twelfth  Amendment  was  adopted  in  1804,  requiring  the 

out  the  Union.  The  purpose  of  this  requirement  is  to  prevent  deals 
or  bargains  among  the  electoral  "colleges"  of  the  different  states. 
Moreover,  meeting  on  the  same  day,  the  action  of  one  state  cannot  be 
used  to  influence  that  of  another.  In  1857  the  electors  of  Wisconsin 
were  prevented  by  a  snowstorm  from  assembling  at  the  state  capital 
on  the  day  fixed  by  law.  On  the  day  following  they  met  and  cast  the 
vote  of  the  state  for  Fremont.  But  when  the  question  of  counting 
Wisconsin's  vote  came  up  in  Congress,  objection  was  made  that  it 
had  not  been  cast  on  the  day  prescribed  by  law.  As  the  vote  of  the 
state  was  not  decisive,  the  matter  did  not  become  serious. 


CHOICE  OF  PRESIDENT  BY  THE  ELECTORS  281 

electors  in  preparing  their  ballots  to  indicate  their  choice 
for  President  and  their  choice  for  Vice  President  so  that 
the  person  intended  for  the  latter  office  could  not  be  con- 
fused with  the  person  intended  for  President.  The  amend- 
ment also  requires  a  majority  of  the  electoral  vote  to  elect 
the  Vice  President  as  well  as  the  President. 

Restrictions  on  the  Electors. — In  casting  their  votes  the 
electors  are  prohibited  from  voting  for  candidates  for  both 
offices  from  the  same  state  as  themselves.  The  purpose  of 
this  provision  is  to  prevent  the  electors  from  one  state— 
if  any  state  should  ever  become  powerful  enough — from 
choosing  both  the  President  and  the  Vice  President  from 
that  state.  This  does  not  mean,  however,  that  both  the 
President  and  the  Vice  President  could  not  be  elected  from 
the  same  state,  since  the  electors  of  the  other  states  are 
not  prohibited  from  voting  for  two  candidates  from  the 
same  state. 

Formalities  and  Precautions. — The  Constitution  requires 
the  electors  of  each  state  to  sign,  certify,  seal,  and  transmit 
to  the  president  of  the  United  States  senate,  a  list  of  the 
votes  cast  for  President  and  Vice  President.  The  statutes 
also  require  two  additional  lists  to  be  prepared,  one  to  be 
sent  to  the  president  of  the  senate  by  special  messenger, 
and  the  other  to  be  deposited  with  the  nearest  United  States 
district  judge.  These  extra  precautions  are  taken  to  pre- 
vent the  loss  of  the  state's  votes  through  accident  or  other- 
wise. This  done,  the  office  of  the  Presidential  elector  ex- 
pires and  the  electoral  colleges  cannot  be  again  summoned 
to  correct  errors  or  to  make  a  new  choice  in  case  the  Presi- 
dent elect  should  die  before  inauguration. 

Counting  the  Electoral  Vote. — The  Constitution  directs 
that  the  votes  transmitted  to  the  president  of  the  senate 
shall  be  opened  in  the  presence  of  both  houses  of  Congress 


282  THE  PRESIDENCY:  MODE  OF  ELECTION 

and  that  the  votes  shall  then  be  counted.  The  Constitu- 
tion does  not  say  who  shall  count  the  votes.  Apparently 
the  framers  believed  that  the  process  of  counting  would 
never  involve  anything  more  than  a  simple  act  of  addition. 
But  in  the  course  of  time  disputed  returns  began  to  be  sent 
in,  and  then  the  process  of  counting  came  to  involve  the 
more  difficult  task  of  determining  what  should  be  counted. 
Thereupon  the  question  was  raised,  who  shall  count?  Was 
the  president  of  the  senate  to  count  and  the  two  houses 
act  merely  as  spectators,  or  was  the  president  of  the  senate 
to  open  the  votes  and  the  two  houses  do  the  counting?  For 
a  long  time,  when  the  disputes  were  not  serious  enough  to 
affect  the  result,  the  president  of  the  senate  was  allowed 
to  count  the  vote  and  proclaim  the  result.1  In  1865  by  a 
joint  rule  Congress  assumed  the  right  to  count  the  elec- 
toral vote,  thus  taking  the  power  away  from  the  president 
of  the  senate. 

The  Disputed  Election  of  1876. — In  1876  a  serious  elec- 
tion dispute  arose,  involving  the  presidency.  Both  Hayes 
and  Tilden  claimed  to  have  been  elected,  and  the  result 
depended  upon  which  of  two  conflicting  lists  of  votes  from 
Florida,  Oregon,  South  Carolina,  and  Louisiana  should  be 
counted.  Under  the  joint  rule  mentioned  above,  either 
house  could  reject  a  questionable  vote.  One  of  the  houses 
was  Democratic  and  the  other  Republican,  and  because  of 
the  great  excitement  over  the  matter,  it  was  feared  that 
the  votes  of  many  states  might  be  rejected  for  trivial 
reasons.  After  much  discussion,  in  the  course  of  which 

1Thus  Jefferson  as  president  of  the  senate  in  1801,  counted  the 
vote  which  elected  him  President  of  the  United  States  and  declared 
himself  duly  elected.  So  did  Adams  in  1797.  Suppose  there  had 
been  a  serious  dispute  in  either  of  these  cases,  could  the  president  of 
the  senate  have  counted  for  himself  the  votes  in  dispute? 


COUNTING  THE  ELECTORAL  VOTE  283 

many  ugly  threats  were  made,  Congress  agreed  to  the  crea- 
tion of  an  electoral  commission,  to  decide  the  disputed 
votes.  The  commission  was  to  consist  of  five  senators,  five 
representatives,  and  five  justices  of  the  Supreme  Court. 
As  finally  constituted  it  was  composed  of  eight  Republi- 
cans and  seven  Democrats,  and  by  a  strict  party  vote  the 
commission  decided  in  favor  of  Hayes  in  every  case,  thus 
insuring  his  election.  The  minority  accepted  the  result, 
but  not  without  protest  and  criticism. 

The  Act  of  1887. — After  this  decision,  Congress  took  up 
the  task  of  devising  permanent  rules  for  counting  the  elec- 
toral vote,  and  finally  in  1887  it  passed  an  elaborate  act 
which  now  regulates  the  electoral  count.  In  brief,  it  places 
the  responsibility  so  far  as  possible  on  the  state  authorities, 
and  provides  that  the  determination  of  each  state  as  to 
how  its  electoral  vote  was  cast  shall,  under  certain  condi- 
tions, be  final.  If,  however,  a  state  neglects  to  settle  its 
own  election  contests,  and  double  returns  are  transmitted 
to  the  president  of  the  senate,  the  two  houses  of  Congress 
sitting  separately  must  determine  how  the  votes  shall  be 
counted.  But  if  the  two  houses  fail  to  agree,  as  they  did  in 
counting  the  vote  of  1876,  then  the  vote  of  the  state  is 
lost.  The  day  fixed  by  Congress  for  opening  and  counting 
the  vote  is  the  second  Wednesday  in  February. 

Election  by  the  House. — In  case  no  candidate  receives 
a  majority  of  the  electoral  votes,  the  choice  devolves  upon 
the  house  of  representatives.  But  in  that  case  the  house 
votes  by  states,  each  state  having  one  vote,  irrespective 
of  its  number  of  representatives,  and  the  choice  is  made  from 
the  three  candidates  standing  highest  on  the  list.1  A 
quorum  for  the  election  of  a  President  by  the  house  con- 

1  It  was  from  the  five  highest  before  the  adoption  of  the  Twelfth 
Amendment  in  1804. 


284  THE  PRESIDENCY:  MODE  OF  ELECTION 

sists  of  a  member  or  members  from  two  thirds  of  the  states, 
and  the  vote  of  a  majority  of  all  the  states  is  necessary  to  a 
choice. 

Objections  to  Election  by  the  House. — The  objections  to 
this  method  of  choice  are  obvious.  It  is  undemocratic, 
because  the  house  on  which  the  choice  would  devolve  in 
any  case  would  be,  not  the  new  house  chosen  at  the  recent 
election,  but  the  old  house,  which  might  indeed,  as  has  often 
happened,  be  in  the  hands  of  the  political  party  defeated  at 
the  late  election.  In  the  second  place,  under  such  a  scheme, 
New  York  with  a  population  over  100  times  as  great  as 
that  of  Nevada  would  have  no  larger  share  in  choosing  the 
executive.  In  1873,  f°r  example,  had  the  choice  devolved 
upon  the  house,  it  would  have  been  possible  for  45  mem- 
bers (being  a  majority  of  the  representatives  of  nineteen 
states)  to  determine  the  choice  in  spite  of  the  wishes  of 
the  other  247  members.  Finally,  the  state  delegations  in 
the  house  might  be  equally  divided  politically,  and  hence 
fail  to  elect.1 

Instances  of  Choice  by  the  House. — Twice  has  the  electoral 
college  failed  to  make  a  choice,  thus  giving  the  election  to 
the  house  of  representatives. 

In  1801,  there  was  a  tie  between  Jefferson  and  Burr,  each 
having  the  vote  of  a  majority  of  the  electors.  There  were 
then  sixteen  states,  of  which  eight  voted  for  Jefferson,  six 
for  Burr,  and  two  were  evenly  divided.  On  the  thirty- 
sixth  ballot  the  two  divided  states  voted  for  Jefferson  and 
he  was  elected,  as  the  electors  had  originally  intended. 

The  second  instance  occurred  in  1825,  when  the  electoral 

vote  stood  as  follows :  for  Jackson  99 ;  for  Adams  84 ;  for 

Crawford  41 ;  and  for  Clay  37,  no  one  having  a  majority. 

1  This  would  have  happened  in  1912;   22  state  delegations  were 

Republican,  22  were  Democratic,  and  4  were  equally  divided. 


ELECTION  BY  THE  HOUSE  285 

Under  the  Twelfth  Amendment  Clay  was  dropped  from 
the  list  and  the  choice  was  confined  to  the  three  highest 
candidates.  There  were  then  twenty-four  states,  and  of 
these  the  representatives  of  thirteen  voted  for  Adams,  seven 
for  Jackson,  and  four  for  Crawford. 

Election  of  the  Vice  President  by  the  Senate. — The  Con- 
stitution also  provides  that  if  no  candidate  for  Vice  Presi- 
dent receives  a  majority  of  the  electoral  vote  the  choice 
shall  devolve  upon  the  senate,  in  which  case  the  election 
shall  be  made  from  the  two  highest  on  the  list-  Two  thirds 
of  the  senate  constitute  a  quorum  for  this  purpose,  and  a 
majority  of  the  whole  number  is  necessary  to  a  choice.  Only 
once  has  the  choice  devolved  upon  the  senate,  namely, 
in  1836,  when  Richard  M.  Johnson,  candidate  for  Vice 
President  on  the  ticket  with  Mr.  Van  Buren,  failed  to  re- 
ceive a  majority  of  the  electoral  vote.  He  was  promptly 
elected  by  the  senate.  < 

Methods  of  Nomination. — Neither  the  Constitution  nor 
the  laws  of  the  United  States  make  any  provision  in  regard 
to  the  nomination  of  the  candidates  for  President  and  Vice 
President.  That  is  left  entirely  to  the  regulation  of  the 
political  parties  themselves.  In  the  early  history  of  the 
republic,  before  political  parties  had  risen,  no  nominating 
machinery  was  devised,  for  none  was  needed. 

Early  Methods. — With  the  rise  of  political  parties,  how- 
ever, the  method  of  nomination  by  congressional  caucus 
was  introduced;  that  is,  the  members  of  Congress  belong- 
ing to  each  political  party  assumed  the  power  of  selecting 
its  candidate  in  secret  conclave.  In  this  way  Jefferson  was 
nominated  by  the  Republican  members  of  Congress  in 
1800  and  1804,  Madison  in  1808  and  1812,  and  Monroe 
in  1816  and  1820.  In  the  same  way  the  Federalist  mem- 
bers put  forward  their  candidates.  In  some  cases,  however 


286  THE  PRESIDENCY:  MODE  OF  ELECTION 

presidential  candidates  were  nominated  by  state  legisla- 
tures. In  the  course  of  time,  strong  opposition  grew  up 
against  the  method  of  nomination  by  members  of  Congress, 
and  after  1824  the  caucus  system  was  never  again  resorted 
to.  The  new  nominating  machinery  which  took  its  place 
was  the  national  convention,  which  came  into  use  between 
1831  and  1840. 

The  National  Convention. — A  national  convention  to 
nominate  candidates  for  President  and  Vice  President  is 
composed  of  delegates  from  each  state  and  territory  in  the 
Union,  the  number  to  which  each  is  entitled  being  usually 
twice  its  number  of  senators  and  representatives  in 
Congress.1  Altogether  the  national  convention  consists  of 
about  1,000  delegates.  For  each  delegate  there  is  an  al- 
ternate who  attends  the  convention  and  in  case  of  the  ab- 
sence of  the  delegate,  takes  his  place. 

Formerly  the  four  delegates-at-large  of  each  party  were 
chosen  by  the  state  convention,  and  the  other  delegates 
by  congressional  district  conventions.  When  direct  pri- 
mary laws  were  introduced,  some  states  provided  that  the 
latter  delegates  should  be  selected  by  the  voters  of  each 

1  Apportionment  of  delegates  among  the  states  on  the  basis  of  their 
representation  in  Congress  bears  no  relation  to  the  party  strength. 
For  some  years  there  has  been  a  growing  sentiment  in  the  ranks  of 
the  Republican  party  in  favor  of  reducing  the  representation  in  the 
national  convention  of  the  Southern  states  where  the  Republican 
party  is  practically  nonexistent.  In  December,  1913,  the  Republican 
national  committee  adopted  a  resolution  prescribing  that  represen- 
tation in  the  national  convention  of  1916  should  to  a  certain  extent  be 
based  on  the  number  of  the  voters  of  the  party  in  each  congressional 
district.  The  effect  was  to  reduce  the  number  of  southern  dele- 
gates by  eighty-seven,  and  the  number  of  northern  delegates  by  seven. 
The  basis  of  representation  in  the  Democratic  convention,  however, 
remains  unchanged. 


THE  NATIONAL  CONVENTION  287 

party  at  the  primary,  leaving  the  delegates-at-large  to  be 
chosen  as  formerly  by  the  state  convention.  In  191 2  a  num- 
ber of  states  passed  what  are  known  as  "  presidential  pref- 
erence primary  "  laws  under  which  delegates  to  the  national 
conventions  of  that  year  were  chosen.  Some  of  these  laws 
permit  the  voters  to  choose  their  delegates  to  the  national 
convention  but  without  allowing  them  to  indicate  their 
preference  for  any  presidential  candidate ;  others  allow  a 
direct  expression  of  the  popular  preference  for  presidential 
candidates  but  make  no  provision  for  binding  the  delegates 
to  nominate  the  candidate  preferred  by  the  majority  of  the 
voters ;  some,  however,  provide  both  for  an  expression  of 
the  popular  preference  and  for  binding  the  delegates  to  the 
national  convention.  More  than  one  third  of  the  states 
now  have  laws  of  one  or  another  of  these  three  types. 

The  Time  and  Place  for  holding  the  national  convention 
are  fixed  by  the  national  committee.  The  date  usually 
falls  in  the  latter  part  of  June  or  early  in  July  of  the  year 
the  President  is  to  be  elected,  and  the  place  is  usually 
some  large  city  centrally  located. 

Procedure  of  a  National  Convention. — The  convention  is 
usually  held  in  some  spacious  building  especially  erected 
for  the  purpose.  Besides  the  delegations  of  the  states, 
there  are  the  alternates,  hundreds  of  politicians  who  are  not 
delegates,  newspaper  reporters,  and  thousands  of  spectators 
from  all  parts  of  the  country,  for  all  of  whom  accommoda- 
tions are  needed. 

Organization  of  the  Convention. — The  convention  is  called 
to  order  by  the  chairman  of  the  national  committee,  and 
the  secretary  of  the  committee  reads  the  call  for  the  con- 
vention. Next  come  the  choice  of  a  temporary  chairman, 
and  the  appointment  and  report  of  committees  on  cre- 
dentials, on  permanent  organization,  on  rules,  and  on  res- 


288  THE  PRESIDENCY:  MODE  OF  ELECTION 

olutions  much  as  in  the  state  conventions  described  on 

PP.  I53-I55- 

The  Platform  is  a  series  of  resolutions  commending  the 

national  administration,  or  denouncing  it,  as  the  case  may 
be,  and  setting  forth  the  position  of  the  party  on  the  politi- 
cal issues  of  the  day.  Declarations  are  often  made  in  the 
platform  to  attract  or  conciliate  large  masses  of  voters, 
sometimes  when  there  is  no  real  intention  of  carrying  them 
out.  The  platform  is  usually  adopted  by  the  convention 
as  reported  by  the  committee  on  resolutions,  but  some- 
times important  changes  are  made  on  the  floor  after  a 
spirited  contest. 

The  Nominations. — After  the  adoption  of  the  platform, 
the  nomination  of  candidates  for  President  is  in  order. 
The  clerk  calls  the  roll  of  the  states  in  alphabetical  order 
so  that  each  is  given  an  opportunity  to  present  the  name  of 
its  choice.  The  vote  is  then  taken  by  a  roll  call  of  the 
states,  the  chairman  of  each  state  delegation  usually  an- 
nouncing the  vote  of  the  state.  Under  the  rules  of  the 
Republican  party  the  delegates  vote  as  individuals,  so 
that  the  vote  of  a  state  is  often  divided  between  two  or 
more  candidates,  unless  the  conventions  which  appointed 
the  delegates  have  instructed  them  to  cast  the  vote  of  the 
state  for  a  particular  candidate.  According  to  the  "  unit 
rule  "  of  the  Democratic  party,  the  state  delegations  vote 
as  units  and  not  as  individuals,  so  that  there  is  no  division 
of  a  state's  vote;  the  majority  of  each  delegation  deter- 
mines how  the  votes  of  the  state  shall  be  cast.1  The 
rules  of  the  Democratic  and  Republican  parties  also  differ  in 
the  majority  necessary  to  nominate  a  candidate. 

The  Vote  Necessary  to  Nominate. — According  to  the  rules 
of  the  Republican  party,  a  majority  of  the  delegates  is 

1  The  convention  of  1912  excepted  certain  states  from  this  rule 


PROCEDURE  OF  A  NATIONAL  CONVENTION  289 

sufficient  to  nominate,  but  under  the  rules  of  the  Demo- 
cratic party  the  concurrence  of  two  thirds  of  the  delegates 
is  required.  Thus  if  there  are  1,000  delegates  in  the  con- 
vention, 501  may  nominate  under  the  Republican  rule, 
while  667  would  be  required  under  the  rules  of  the  Demo- 
cratic party.  The  large  majority  necessary  to  nominate 
in  the  Democratic  convention  has  often  resulted  in  the 
defeat  of  the  leading  candidate  and  the  nomination  of  a 
"dark  horse/'  that  is,  a  candidate  whose  name  has  not 
been  previously  presented  to  the  convention  or  which  has 
not  been  prominently  kept  before  it.  Presidents  Polk  and 
Pierce  were  nominated  in  this  way. 

Nomination  of  Vice  President. — Usually  there  is  little 
contest  over  the  nomination  of  the  Vice  President,  the 
nomination  usually  being  given  to  some  one  supported  by 
a  defeated  faction  or  group  of  the  party,  or  to  a  particular 
section  of  the  country.  Thus  if  the  presidential  nomina- 
tion goes  to  an  Eastern  man,  the  vice  presidential  nomina- 
tion is  likely  to  be  given  to  a  Western  man.  In  view  of  the 
comparatively  large  number  of  Presidents  who  have  died  in 
office  it  is  to  be  regretted  that  so  little  consideration  is 
given  to  the  nomination  of  candidates  for  Vice  President. 

Notification  of  the  Candidates. — The  candidates  are  for- 
mally notified  some  weeks  later  by  a  committee  specially 
appointed  for  the  purpose.  The  nominee  in  a  formal  speech 
accepts  the  nomination  and  pledges  himself  to  support  the 
platform.  Usually  this  is  followed  by  a  letter  of  acceptance 
in  which  the  views  of  the  nominee  are  elaborated  more  at 
length.  This  completes  the  formalities  of  nomination,  and 
the  next  step  is  to  inaugurate  the  campaign  for  the  election 
of  the  nominees. 

Conduct  of  a  Presidential  Campaign. — The  National 
Committee. — The  main  task  of  managing  the  campaign 
Govt.  U.  S—  IQ 


290  THE  PRESIDENCY:  MODE  OF  ELECTION 

falls  on  the  chairman  of  the  national  committee.  This 
committee  is  made  up  of  one  member  from  each  state  and 
territory,  and  is  chosen  by  the  national  convention  which 
nominates  the  candidates.1  The  chairman  is  usually  an 
experienced  political  leader  with  a  wide  acquaintanceship, 
and  is  a  trusted  friend  of  the  presidential  candidate,  by 
whom,  in  fact,  he  is  usually  selected. 

Soon  after  the  adjournment  of  the  convention,  the  na- 
tional committee  meets  and  organizes.  In  addition  to  the 
national  chairman  a  treasurer  and  a  secretary  are  chosen. 
The  treasurer  raises  and  has  custody  of  the  enormous  funds 
expended  in  the  conduct  of  the  campaign.  As  the  national 
chairman  may  be  compared  to  a  general  who  commands 
the  forces,  the  treasurer  is  the  man  who  raises  the  sinews 
of  the  war. 

Work  of  the  National  Committee. — The  headquarters  of 
the  committee  are  usually  established  in  New  York  city, 
with  branch  offices  in  Chicago  or  Washington,  though 
during  the  campaign  of  1908  the  principal  headquarters 
were  located  in  Chicago.  The  work  of  the  committee  is 
usually  divided  among  bureaus  or  divisions,  one  of  which 
has  charge  of  the  mailing  of  campaign  literature,  another  is 
engaged  in  the  tabulation  of  reports,  another  looks  after 
the  employment  and  assignment  of  speakers,  another  has 
charge  of  the  organization  of  voters'  clubs  throughout  the 
country,  etc.2  Large  quantities  of  campaign  literature, 
consisting  of  a  "Campaign  textbook/'  speeches  of  the  can- 

1  In  reality  each  state  delegation  names  one  of  its  own  number  as 
the  national  committeeman  from  the  state,  and  the  committee  thus 
constituted  is  appointed  by  the  convention. 

2  In  1908,  the  Democratic  national  committee  had  a  labor  bureau 
to  look  after  the  labor  vote,  and  a  committee  on  college  men's  clubs 
to  look  after  the  organization  of  college  students  into  voters'  clubs. 


CONDUCT  OF  A  PRESIDENTIAL  CAMPAIGN  291 

didates  or  of  members  of  Congress,  pamphlets,  leaflets, 
posters,  lithographs,  and  in  fact  everything  calculated  to  in- 
fluence the  voters,  are  sent  broadcast  throughout  the  coun- 
try and  particularly  in  the  close  or  doubtful  states  where 
the  principal  efforts  of  the  committee  are  concentrated.1 

Activity  of  the  Presidential  Candidate. — Formerly  it  was 
not  considered  proper  for  the  presidential  candidates  them- 
selves to  take  an  active  part  in  the  campaign  by  traveling 
about  the  country  and  making  speeches,  but  in  recent 
years  there  has  been  a  change  in  this  respect.  Mr.  Bryan 
in  1896  traveled  about  the  country  and  delivered  hundreds 
of  speeches  in  behalf  of  his  candidacy,  and  he  pursued  a 
similar  course  in  1900  and  again  in  1908  when  he  was  the 
Democratic  candidate.  In  the  latter  year,  Mr.  Taft,  the 
Republican  candidate,  likewise  entered  actively  into  the 
campaign  and  delivered  more  than  400  speeches  in  thirty 
different  states.  In  1912  Mr.  Wilson  and  Mr.  Roosevelt 
made  extensive  campaign  tours  and  delivered  many 
speeches.  Similar  tours  were  made  in  later  campaigns. 

Raising  and  Expenditure  of  Campaign  Funds. — The 
management  of  a  national  political  campaign  requires  the 
expenditure  of  large  sums  of  money  for  printing,  postage, 
telegrams,  express,  rent  of  halls,  music,  expenses  of  speak- 
ers, organizing  clubs,  and  the  like.  This  money  is  spent 
solely  under  the  direction  of  the  national  chairman,  who 
until  recently  was  not  required  to  render  an  account  of 
the  moneys  contributed  for  this  purpose. 

The  Raising  of  Campaign  Funds. — Prior  to  1884  the  ex- 
penditures on  account -of  a  national  campaign  were  com- 

*In  1908,  more  than  one  million  copies  of  Mr.  Bryan's  speech 
"Shall  the  People  Rule"  were  distributed,  printed  in  all  languages 
spoken  in  the  United  States.  Another  million  copies  of  his  speeches 
on  the  trusts,  the  tariff,  guarantee  of  bank  deposits,  and  injunc- 
tions were  also  circulated. 


292  THE  PRESIDENCY:  MODE  OF  ELECTION 

paratively  small  and  were  raised  by  the  party  in  power 
largely  by  assessments  on  federal  officeholders;  but  the 
civil  service  law  enacted  in  the  year  previous  forbade 
assessments  of  this  kind  and  thus  cut  off  an  important 
source  of  supply.  More  attention  then  began  to  be  turned 
toward  the  great  corporations,  many  of  which  desired  to 
become  the  beneficiaries  of  special  legislation  or  to  secure 
immunity  from  government  interference  with  the  manage- 
ment of  their  business.  In  a  recent  campaign,  one  cor- 
poration, a  life  insurance  company,  contributed  $200,000; 
one  railroad  company  gave  $100,000;  and  many  others 
$50,000.  Sometimes  a  corporation  contributes  equally  to 
the  campaign  funds  of  both  parties,  on  the  principle  that 
it  is  a  wise  policy  to  be  on  good  terms  with  each. 

Contributions  of  Corporations  now  Forbidden. — The  rais- 
ing and  spending  of  so  much  money  as  a  part  of  the  process 
of  electing  a  President  has  recently  given  rise  to  a  demand 
that  the  sources  of  national  campaign  contributions  should 
be  made  public.  Moreover,  it  is  coming  to  be  regarded 
as  an  evil  that  the  large  corporations  who  desire  beneficial 
legislation  or  immunity  from  prosecution  should  have  be- 
come the  chief  contributors  to  campaign  funds.  This  feel- 
ing led  to  the  enactment  by  Congress  in  1907  of  a  law  for- 
bidding national  banks  and  other  corporations  which  have 
charters  granted  by  Congress,  from  making  contributions 
to  the  campaign  funds  of  any  party  at  any  election,  na-^ 
tional,  state,  or  local.  The  law  also  prohibits  any  corpo- 
ration, whether  chartered  under  the  authority  of  the 
national  government  or  not,  from  making  campaign  con- 
tributions at  any  election  at  which  the  President  of  the 
United  States  or  any  member  of  Congress  is  to  be  chosen. 

Publicity  of  Campaign  Contributions. — In  1910  Congress 
passed  a  law  requiring  the  treasurer  of  each  national  party 


RAISING  AND  EXPENDITURE  OF  CAMPAIGN  FUNDS   293 

committee  to  make  and  publish  after  the  election  a  sworn 
statement  showing  every  contribution  of  $100  or  more 
received  by  him,  every  expenditure  of  $10  or  more,  and  the 
totals  of  all  other  contributions  and  expenditures. 

Finally,  in  1911,  Congress  went  still  further  and  passed  a 
law  requiring  the  publication  of  such  statements  before  the 
election.  The  elections  affected  by  these  acts  are  those  of 
President  and  members  of  Congress.  The  act  of  1911  for- 
bids any  candidate  for  representative  to  spend  or  promise 
more  than  $5,000,  and  any  candidate  for  senator  more  than 
$10,000,  in  his  campaign.  And  such  candidates  are  required 
to  file  statements  of  all  campaign  receipts  and  expenditures. 

The  Succession  to  the  Presidency. — The  Constitution 
declares  that  in  case  of  the  removal  of  the  President  from 
office,  or  of  his  death,  resignation,  or  inability  to  discharge 
the  powers  and  duties  of  his  office,  the  same  shall  devolve 
upon  the  Vice  President.  In  case  of  the  removal,  death, 
resignation,  or  inability  of  both  the  President  and  the  Vice 
President,  Congress  is  authorized  to  provide  for  the  suc- 
cession. The  only  way  in  which  the  President  may  be 
removed  is  by  impeachment  and  conviction.  President 
Johnson  was  impeached,  mainly  for  the  violation  of  the 
tenure  of  office  act,  but  the  senate  failed  by  one  vote  to 
convict  him.  Had  he  been  convicted  the  office  would  have 
been  declared  vacant.  There  has  been  no  instance  of  the 
resignation  of  a  President.1  Five  Presidents  have  died  in 
office:  Harrison,  Taylor,  Lincoln,  Garfield,  and  McKinley. 
In  each  case  the  dead  President  was  succeeded  by  the  Vice 
President.  No  case  of  inability  to  discharge  the  duties  of 

1  John  C.  Calhoun  resigned  the  Vice  Presidency  to  become  a  senator 
from  South  Carolina.  The  statutes  provide  that  the  President  shall 
signify  his  resignation,  in  case  he  resigns,  by  a  letter  to  the  secretary 
of  state. 


294  THE  PRESIDENCY:  MODE  OF  ELECTION 

the  presidential  office  has  ever  been  construed  as  existing, 
though  in  fact  such  a  case  existed  from  July  2,  1881,  when 
President  Garfield  was  shot,  to  September  19,  when  he 
died.  A  similar  case  existed  during  the  period  in  which 
President  McKinley  lingered  on  his  deathbed,  from  Sep- 
tember 6  to  September  14,  1901.  In  neither  case  did  the 
Vice  President  assume  the  reins  of  office  until  death  had 
made  the  office  vacant.  Likewise  during  President  Wilson's 
serious  illness  in  1919-1920,  the  Vice  President  did  not  act. 
Succession  Law  of  1792. — Congress  provided  by  law  in 
1792  that  in  case  of  the  removal,  death,  resignation,  or 
inability  of  both  the  President  and  the  Vice  President,  the 
president  pro  tempore  oi  the  senate  should  succeed,  and  after 
him  the  speaker  of  the  house.  There  were  several  practical 
and  political  objections  to  this  arrangement,  however.  In 
the  first  place,  there  might  be  considerable  periods  of  time 
when  there  was  no  president  pro  tempore  of  the  senate  or 
speaker  of  the  house,  and  consequently  no  one  to  succeed  in 
case  of  a  vacancy.1  Another  objection  to  the  law — po- 
litical in  character — was  illustrated  by  the  situation  that 
existed  in  1886.  The  Democratic  Vice  President  Hendricks 
had  died,  and  in  case  the  presidential  office  had  become 
vacant  it  would  have  been  filled  by  a  Republican  president 
of  the  senate.  Thus  the  executive  branch  of  the  govern- 
ment would  have  passed  from  the  hands  of  the  party  that 
had  carried  the  country  at  the  last  election,  to  the  other 
party,  merely  by  the  death  of  a  public  officer. 

1  From  March  4  to  October  10,  1881,  there  was  no  president  of  the 
senate,  and  from  March  4  to  December  15  of  the  same  year  there  was 
no  speaker,  the  new  house  not  having  met  and  organized.  Had  Vice 
President  Arthur  died  before  Mr.  Garfield's  death  there  would  have 
been  no  one  to  succeed  to  the  vacancy  until  October  10,  when  a  new 
president  pro  tempore  of  the  senate  was  chosen. 


THE  SUCCESSION  TO  THE  PRESIDENCY  295 

Succession  Act  of  1886. — In  1886  Congress  changed  the 
law  so  as  to  give  the  succession  to  the  presidency  to  the 
members  of  the  cabinet,  in  the  order  of  the  creation  of  their 
departments,  in  case  of  the  death  or  removal  of  both  the 
President  and  the  Vice  President.  As  the  members  of  the 
cabinet  usually  belong  to  the  same  party  as  the  President 
and  Vice  President,  the  office  in  such  a  contingency  would 
remain  in  the  control  of  the  party  which  elected  the  Presi- 
dent at  the  last  election.  No  special  provision  has  yet 
been  made,  however,  in  regard  to  the  succession  in  case 
the  President  elect  and  Vice  President  elect  should  die 
after  their  election  by  the  electoral  college  on  the  second 
Monday  in  January  and  before  their  inauguration  on  the 
4th  of  March.  The  electoral  college  could  not  be  recon- 
vened because  it  becomes  functus  officio  immediately  after 
electing  the  President.  As  the  law  stands,  the  succession 
would  probably  go  to  some  member  of  the  old  cabinet,  who 
might  be  of  the  opposite  party.  In  such  a  case,  however, 
Congress  might  provide  for  a  special  presidential  elec- 
tion. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  166-177. 
BEARD,  American  Government  and  Politics,  ch.  ix.  BRYCE,  The 
American  Commonwealth  (abridged  edition),  chs.  vi,  vii,  lii-liv. 
FULLER,  Government  by  the  People,  ch.  vii.  HARRISON,  This  Country 
of  Ours,  chs.  iv-v.  HART,  Actual  Government,  pp.  261-267.  HINS- 
DALE,  American  Government,  chs.  xxix-xxxi.  STANWOOD,  History 
of  the  Presidency.  WOODBURN,  The  American  Republic,  pp.  116- 
136. 

Documentary  and  Illustrative  Material. — i.  Congressional  Direc- 
tory. 2.  Copy  of  the  call  for  a  national  convention.  3.  Addresses 
of  the  temporary  and  permanent  chairmen  of  the  last  national  con- 
vention. 4.  The  Democratic  and  Republican  campaign  textbooks. 
5.  Copy  of  the  election  returns.  6.  Specimen  ballots  containing  the 
names  of  candidates  for  presidential  electors. 


296  THE  PRESIDENCY:  ORGANIZATION,  ETC. 

RESEARCH  QUESTIONS 

1.  How  many  votes  is  your  state  entitled  to  in  the  electoral  college? 
What  proportion  of  the  total  electoral  vote  is  that?    Can  you  give 
the  names  of  any  of  the  presidential  electors  from  your  state  at  the 
last  election? 

2.  What  was  the  popular  vote  received  by  the  Republican  candi- 
date for  President  in  your  state  at  the  last  election?    By  the  Demo- 
cratic candidate? 

3.  Name  the  Presidents  who  received  only  a  minority  of  the  popu- 
lar vote. 

4.  Suppose  a  vacancy  should  occur  in  the  electoral  college  of  a  state 
by  the  death  of  an  elector,  is  there  any  way  by  which  it  could  be  filled? 

5.  Suppose  the  candidate  for  President  should  die  after  the  popular 
election  in  November  and  before  the  meeting  of  the  electors  in  Janu- 
ary, for  whom  would  the  electors  cast  their  vote?    Have  there  been 
any  actual  instances  of  this  kind? 

6.  Suppose  the  President  elect  should  die  before  the  votes  are 
opened  and  counted  by  Congress,  who  would  be  declared  President? 

7.  Have  there  been  any  instances  since  1820  in  which  a  presiden- 
tial elector  voted  against  the  candidate  of  his  own  party? 

8.  What  would  be  the  principal  advantage  in  extending  the  term 
of  the  President  and  making  him  ineligible  to  succeed  himself? 

9.  Do  you  think  the  custom  a  wise  one  which  prohibits  the  Presi- 
dent from  serving  more  than  two  terms? 

10.  What  were  the  controversies  at  issue  in  the  disputed  election  of 
1876? 

11.  What  were  the  objections  to  the  method  of  nomination  by  con- 
gressional caucus?    Who  was  the  last  candidate  to  be  nominated  by 
this  method? 

12.  Tell  something  about  the  first  national  convention  held  in  the 
United  States  for  the  nomination  of  candidates  for  President  and 
Vice  President. 

13.  How  many  parties  nominated  candidates  for  President  and 
Vice  President  in  the  last  presidential  election?    Give  the  popular 
vote  received  by  each,  in  your  state  and  in  the  country  as  a  whole. 

14.  Read  the  platforms  of  each  party  and  contrast  their  positions 
Dn  the  leading  political  issues. 

15.  How  many  delegates  is  your  state  entitled  to  in  the  national 


RESEARCH  QUESTIONS  297 

convention?  Who  were  the  delegates  at  large  from  your  state  in  the 
last  Democratic  national  convention?  In  the  last  Republican  na- 
tional convention? 

1 6.  Where  did  the  Democratic  and  Republican  parties  hold  their 
last  national  conventions?    Who  was  the  permanent  chairman  of 
each? 

17.  What  is  your  opinion  of  the  "unit  rule"  followed  by  the  Demo- 
cratic party?    Of  the  "two-thirds"  rule? 

1 8.  Do  you  think  it  would  be  a  wise  rule  to  apportion  the  delegates 
from  each  state  to  the  national  convention  on  the  basis  of  the  party 
strength  rather  than  on  the  basis  of  population? 

19.  Since  the  people  of  the  territories  take  no  part  in  national  elec- 
tions, ought  they  to  be  allowed  to  send  delegates  to  the  national 
convention? 

20.  What  is  your  opinion  of  the  proposal  to  nominate  candidates 
for  President  and  Vice  President  by  direct  primary  as  state  officials 
are  nominated  in  many  states? 

21.  What  is  meant  by  the  doctrine  of  "availability"  in  choosing 
candidates  for  President?    What  presidential  candidates  has  your 
state  furnished? 

22.  Is  Mr.  Bryce's  assertion  that  great  men  are  rarely  elected 
President  true?    If  so,  why? 

23.  Do  you  think  presidential  candidates  should  make  campaign 
tours  and  deliver  campaign  speeches? 


CHAPTER  XVI 

THE  PRESIDENCY  (CONTINUED):  INAUGURATION;  POWERS 
AND  DUTIES 

The  Inauguration. — It  is  no  longer  the  practice  to  notify 
the  President  officially  of  his  election,  and  so  without  cer- 
tificate of  election  or  commission,  he  presents  himself  at 
the  national  capital  on  the  4th  of  March  to  take  the  oath 
of  office  required  by  the  Constitution  and  to  enter  upon  the 
discharge  of  his  duties.  Toward  noon  on  that  day  he  pro- 
ceeds to  the  White  House,  as  the  official  residence  of  the 
President  is  styled,  where  he  joins  the  outgoing  President 
and  both  are  driven  to  the  Capitol,  followed  by  a  proces- 
sion. The  oath  of  office  is  usually  administered  by  the 
Chief  Justice  of  the  Supreme  Court  on  a  platform  erected 
for  the  purpose  at  the  east  front  of  the  Capitol,  and  in  the 
presence  of  a  vast  throng  of  spectators  from  all  parts  of  the 
country.1  Following  the  custom  set  by  the  first  Chief 
Executive,  the  President  delivers  a  short  inaugural  address 
in  which  he  foreshadows  in  a  general  way  his  policy  as 
President,  after  which  he  returns  with  the  Ex-President  to 
the  White  HoiAse,  where  he  reviews  for  several  hours  the 
procession  of  visitors. 

1  The  oath  of  office  was  administered  to  President  Washington  in 
New  York  city,  then  the  temporary  seat  of  government,  by  Chancellor 
Livingston  of  New  York  state.  In  1917,  the  4th  of  March  falling  on 
Sunday,  President  Wilson  took  the  oath  of  office  twice :  on  Sunday  in 
his  office  at  the  Capitol,  and  on  the  following  day  publicly  in  con- 
nection with  the  inaugural  ceremonies. 

298 


THE  INAUGURATION  299 

Inaugural  Pageantry. — The  inauguration  of  the  Presi- 
dent is  made  the  occasion  of  a  great  pageant,  to  which 
hundreds  of  thousands  of  visitors  throng  from  every  part 
of  the  Union.  In  the  procession  which  escorts  the  President 
to  the  Capitol  are  militia  companies,  headed  by  governors 
of  states,  and  civil  organizations  of  every  variety.  Owing 
to  the  inclemency  of  the  weather  which  often  prevails  at 
this  season  of  the  year,  it  has  been  proposed  to  change  the 
date  of  the  inauguration,  but  since  this  will  involve  an 
amendment  to  the  Constitution  if  the  inauguration  is  to 
take  place  at  the  beginning  of  the  presidential  term,  the 
success*  of  the  movement  is  doubtful.1 

Compensation  of  the  President. — The  Constitution  de- 
clares that  the  President  shall,  at  stated  times;  receive  for 
his  services  a  compensation  which  shall  neither  be  increased 
nor  diminished  during  the  time  for  which  he  has  been 
elected.  He  is  also  forbidden  to  receive  any  other  emolu- 
ment either  from  the  United  States  or  from  any  state. 

The  salary  of  the  President  was  $25,000  a  year  until 
1873,  when  it  was  raised  to  $50,000.  In  1909  it  was  raised 
to  $75,000.  Besides  this  salary  there  is  an  allowance  of 
$25,000  a  year  for  traveling  expenses,  and  allowances  for 
clerks,  automobiles,  house  furnishings,  fuel,  lighting,  etc., 
making  in  the  aggregate  some  $250,000  a  year.  In  the 
White  House  the  nation  furnishes  the  President  with  both 
a  private  and  an  official  residence. 

1When  Vice  Presidents  Tyler,  Johnson,  Arthur,  and  Roosevelt 
succeeded  to  the  presidency,  Congress  was  not  in  session  and  the 
oath  of  office  was  administered  without  formalities.  Mr.  Arthur  took 
the  oath  in  New  York  city  before  a  local  magistrate,  and  Mr.  Roose- 
velt did  the  same  in  Buffalo,  where  Mr.  McKinley  died.  Vice  Presi- 
dent Fillmore,  however,  took  the  oath  of  office  as  President  in  the 
presence  of  both  houses  of  Congress,  which  happened  to  be  in  session 
at  the  time  of  the  death  of  President  Taylor. 


300        THE  PRESIDENCY:  INAUGURATION,  ETC. 

Extent  of  the  President's  Powers. — The  powers  of  the 
President  are  partly  conferred  by  the  Constitution,  partly 
by  acts  of  Congress  and  treaties,  and  are  partly  the  result 
of  usage  and  precedent.  The  power  which  has  been  wielded 
at  any  given  time,  however,  has  depended  upon  the  initia- 
tive and  force  of  the  President  and  the  extent  to  which  he 
enjoyed  the  confidence  of  Congress  and  the  people.  Again, 
the  power  which  may  be  rightfully  exercised  depends  upon 
the  state  of  affairs  under  which  the  office  is  administered. 
In  time  of  war  the  power  of  the  President  may  be  so  ex- 
panded as  to  be  limited  in  effect  only  by  the  necessities  of 
the  national  existence.  The  powers  wielded  by  President 
Lincoln  during  the  Civil  War  were  so  great  as  to  cause 
him  to  be  frequently  referred  to  as  a  dictator.  After  the 
outbreak  of  the  war  with  Germany  in  1917  vast  and  un- 
precedented powers  were  conferred  on  President  Wilson  by 
a  succession  of  far-reaching  acts  of  Congress.  Among  the 
extraordinary  powers  thus  conferred  on  him  were:  the 
control  of  the  manufacture  and  distribution  of  commodi- 
ties needful  for  war  purposes,  the  requisition  of  ships  and 
other  war  supplies,  the  fixing  of  prices  of  coal,  wheat, 
sugar,  steel,  and  various  other  commodities,  the  taking 
over  and  operation  of  private  ship-building  plants,  the 
closing  of  liquor  distilleries  and  the  seizure  of  their  stocks, 
the  prohibition  of  exports  to  foreign  countries,  the  seizure 
of  German  ships  in  American  ports,  the  making  of  regula- 
tions in  respect  to  the  treatment  of  enemy  aliens,  and  the 
taking  over  and  operation  of  railroads,  telegraphs,  and 
telephones. 

Classes  of  Powers. — The  various  powers  and  duties 
which  have  been  conferred  on  the  President  by  the  Consti- 
tution and  the  laws  may  be  grouped  under  the  following 
heads : 


CLASSES  OF  POWERS  301 

T.  The  power  and  duty  of  executing  the  laws,  including 
the  power  to  appoint,  direct,  and  remove  public  officers. 

2.  The  management  of  the  foreign  affairs  of  the  country. 

3.  The  power  to  command  the  army  and  navy. 

4.  Legislative  powers,  including  the  sending  of  messages 
to  Congress,  the  calling  of  extra  sessions,  and  especially  the 
power  to  veto  acts  of  Congress. 

5.  The  power  to  grant  pardons  for  offenses  against  the 
laws  of  the  United  States. 

Execution  of  the  Laws. — The  President  is  the  head  of 
the  executive  branch  of  the  government,  and  it  is  his  duty 
to  see  that  the  Constitution  is  preserved,  protected,  and 
defended,  and  that  the  laws  enacted  in  pursuance  thereof, 
the  treaties  made  under  its  authority,  and  the  decisions 
rendered  by  the  federal  courts  are  enforced  throughout  the 
United  States.  For  these  purposes  the  army,  the  navy, 
and  the  militia  are  at  his  disposal,  and  in  case  of  resistance 
to  the  laws  and  authority  of  the  United  States,  they  may 
be  employed  by  him  in  such  manner  as  he  may  direct, 
to  overcome  such  resistance.  Moreover,  nearly  all  the 
civil  and  military  officers  of  the  United  States  are  appointed 
by  him  and  are,  to  a  large  degree,  subject  to  his  direction. 

The  President's  Responsibility. — Unlike  the  state  govern- 
ments, the  national  government  is  so  organized  as  to  con- 
centrate the  power  and  the  responsibility  for  the  enforce- 
ment of  the  laws  in  the  hands  of  a  single  executive.  Those 
who  are  charged  with  aiding  him  in  carrying  out  the  gov- 
ernment are  his  own  appointees,  and  their  responsibility  is 
primarily  to  him  alone. 

Power  of  Appointment. — The  Constitution  declares  that 
the  President  shall,  with  the  "advice  and  consent"  of  the 
senate,  appoint  all  officers  of  the  United  States  whose  ap- 
pointment is  not  otherwise  provided  for  by  the  Constitu- 


302  THE  PRESIDENCY:  POWERS  AND  DUTIES 

tion,  except  that  Congress  may  vest  the  appointment  of 
inferior  officers  in  the  President  alone,  in  the  courts  of  law, 
or  in  the  heads  of  departments.1  This  is  one  of  the  most 
important  powers  devolving  upon  the  President,  and  proba- 
bly consumes  more  of  his  time  than  all  his  other  duties 
together.  In  the  early  days  of  the  Constitution,  the  num- 
ber of  appointments  was  small,  but  as  the  government 
service  expanded,  the  number  of  offices  to  be  filled  steadily 
increased  until  there  are  now  about  11,000  important 
presidential  offices,  that  is,  offices  filled  by  the  President 
and -the  senate.  The  tenure  of  office  act  of  1820  fixed  the 
terms  of  the  great  bulk  of  federal  offices  at  four  years,  and 
even  where  the  term  is  not  prescribed  by  statute,  it  is  the 
custom  for  most  appointees  to  be  replaced  at  the  expiration 
of  four  years,  so  that  in  practice  the  four-year  tenure  is  uni- 
versal, except  for  federal  judges,  and  each  President  must 
during  his  term  make  appointments  to  nearly  all  the 
presidential  offices.  In  making  these  appointments  he  is 
not  limited  by  any  constitutional  or  statutory  require- 
ments in  regard  to  qualifications.  He  is  the  sole  judge  of 
the  fitness  of  candidates  for  appointments.  The  only 
limitation  upon  his  power  is  the  necessity  of  securing  the 
approval  of  the  senate,  a  requirement  already  discussed  in 
chapter  x,  pages  190-191. 

Appointments  to  Minor  Positions  are  often  made  upon  the 
recommendations  of  the  representative  in  Congress  from 
the  district  in  which  the  office  is  located,  though  many 
such  appointments  are  now  made  on  the  basis  of  exam- 
inations, under  civil  service  rules.  Obviously  the  Presi- 

1  The  only  officers  appointed  by  the  courts  of  law  are  clerks,  re- 
porters, and  other  minor  ministerial  officers ;  but  there  are  a  large 
number  of  inferior  officers  in  the  various  departments  who  are  ap- 
pointed by  the  heads  of  departments. 


POWER  OF  APPOINTMENT  303 

dent  or  the  head  of  the  department  could  not  fill  the  thou- 
sands of  minor  positions  of  this  sort  without  reliance  upon 
the  advice  of  others.  They  cannot  investigate  personally 
every  application  for  appointments  of  this  kind.  It  is  natu- 
ral, therefore,  that  they  should  accept  the  recommendations 
of  members  of  Congress,  who  are  more  apt  to  be  acquainted 
with  the  qualifications  of  applicants  in  their  districts,  and 
who  are  familiar  with  local  conditions. 

Power  of  Removal. — While  the  Constitution  expressly 
authorizes  the  President  to  appoint  officers,  with  the  con- 
sent of  the  senate,  it  is  completely  silent  on  the  question 
of  whether  he  may  remove  an  officer,  either  with  or  with- 
out the  consent  of  the  senate.  The  only  provision  in. the 
Constitution  in  regard  to  removal  is  that  which  relates  to 
impeachment.  It  might,  therefore,  be  contended  that  the 
only  constitutional  method  of  depriving  an  incumbent  of 
an  office  to  which  he  has  been  appointed  is  by  impeach- 
ment. But  this  process  of  removal  is  so  cumbersome  and 
unwieldy  that  if  it  were  the  only  means  of  getting  rid  of  in- 
competent office-holders  many  unfit  persons  would  remain 
in  office  indefinitely,  and,  besides,  it  would  be  impossible  for 
the  President,  upon  whom  the  responsibility  for  the  enforce- 
ment of  the  laws  rests,  to  surround  himself  with  officials  in 
whose  integrity  and  fitness  he  has  confidence.  Moreover, 
to  resort  to  the  process  of  impeachment  to  remove  a 
person  from  a  petty  inferior  office  would  be  very  much  like 
shooting  birds  with  artillery  intended  for  destroying  battle- 
ships. 

From  the  first,  therefore,  it  was  recognized  that  there 
was  another  process  of  removal  than  by  impeachment. 
But  there  was  a  difference  of  opinion  as  to  whether  that 
power  lay  with  the  President  alone,  or  whether  he  could  re- 
move only  with  the  consent  of  the  senate,  as  in  the  case  of 


304  THE  PRESIDENCY:   POWERS  AND  DUTIES 

appointments;  or  whether  the  power  lay  with  Congress  to 
prescribe  how  removals  might  be  made.  The  matter  was 
threshed  over  in  the  first  Congress  after  the  Constitution 
went  into  effect,  and  it  was  decided  that  the  President 
might  remove  alone,  without  the  necessity  of  securing  the 
consent  of  the  senate.  But  there  was  considerable  fear 
that  he  might  abuse  the  power,  and  Madison  is  said  to 
have  declared  that  the  wanton  removal  of  a  meritorious 
officer  would  subject  him  to  impeachment. 

Early  Practice. — For  a  long  time  the  power  of  removal 
was  used  sparingly.  Several  of  the  early  Presidents,  in 
fact,  made  no  removals  at  all,  and  during  the  first  forty 
years  of  our  national  existence  the  total  number  of  officers 
removed  probably  did  not  exceed  100.  With  the  incoming 
of  President  Jackson,  however,  what  is  known  as  the  spoils 
system  was  introduced;  that  is,  large  numbers  of  office- 
holders were  removed  in  order  to  make  places  for  those 
who  had  rendered  political  services  to  the  party  in  power. 
Henceforth  appointments  were  made  largely  as  rewards 
for  party  service,  often  without  regard  to  merit  and  fitness. 
Nevertheless,  the  right  of  the  President  to  make  removals 
for  any  cause  that  seemed  to  him  proper,  or  for  any  cause 
whatsoever,  continued  to  be  recognized  and  acquiesced  in 
by  all  parties  until  the  breach  occurred  between  President 
Johnson  and  Congress  in  1867. 

Act  of  1867. — The  action  of  President  Johnson  in  remov- 
ing officials  who  were  in  sympathy  with  Congress  greatly 
offended  that  body,  and  in  1867  a  tenure  of  office  act  was 
passed  forbidding  the  President  to  make  removals  except 
with  the  consent  of  the  Senate.1  Thus  the  custom  which  for 

J  While  Congress  was  not  in  session,  the  President  was  to  be  allowed 
the  right  to  "suspend"  officers  for  good  cause,  but  he  was  required  to 
report  all  suspensions  to  the  Senate  at  its  next  meeting  and  in  case 


POWER  OF  REMOVAL  305 

seventy-eight  years  had  recognized  the  unlimited  right  of 
the  President  to  remove  officers  without  the  necessity  of  se^ 
curing  the  consent  of  the  senate  was  now  reversed.  The 
violation  of  this  law  by  President  Johnson  was  the  chief  cause 
of  his  impeachment  in  1 868 .  With  the  incoming  of  President 
Grant,  however,  the  law  was  modified,  and  in  1887  it  was 
repealed.  Thus  after  a  brief  interval  the  original  interpre- 
tation was  reverted  to,  and  it  has  been  followed  ever  since. 

The  Present  Rule. — The  right  of  the  President  to  remove 
any  federal  officer  appointed  by  him,  except  the  judges, 
for  any  cause  whatsoever,  is  now  recognized,  and  Congress 
cannot  abridge  that  right  by  prescribing  the  conditions 
under  which  removals  may  be  made.  His  power  in  this 
respect  is  absolute  and  unlimited  and  may  be  employed 
for  rewarding  his  political  friends  and  punishing  his  enemies 
as  well  as  for  getting  rid  of  incompetent  and  unfit  persons 
in  the  public  service. 

Power  of  Direction. — Resulting  from  the  power  of  re- 
moval is  the  power  of  the  President  to  direct  the  officers 
whom  he  appoints,  in  regard  to  the  discharge  of  their 
duties.  Through  the  threat  of  removal,  he  may  compel 
obedience  to  his  orders,  though  of  course  he  cannot  re- 
quire an  officer  to  do  an  act  which  would  amount  to  a  vio- 
lation of  the  law.  Many  of  the  duties  of  federal  officers 
are  prescribed  by  law,  and  the  President  cannot  change 
these  duties  or  require  an  officer  to  do  his  duty  differently 
from  the  way  in  which  the  law  requires  him  to  do  it.  But 
the  law  expressly  recognizes  that  the  President  has  the 
power  to  direct  many  officers  as  to  their  duties.  Thus  the 
secretary  of  state  in  the  negotiation  of  treaties  and  the 
settlement  of  disputes  with  foreign  countries  is  almost 

it  refused  to  concur  in  the  suspension,  the  suspended  officer  was  to 
be  allowed  to  resume  his  office. 

Govt.  U.  S.— 20 


30(5  THE  PRESIDENCY:  POWERS  AND  DUTIES 

wholly  under  the  control  of  the  President.  The  President 
may  instruct  him  to  begin  negotiations  with  a  particular 
government  or  to  cease  negotiations,  and  the  secretary 
must  obey  his  orders.  So  the  President  may  direct  the 
secretary  of  war  in  regard  to  the  disposition  of  the  armed 
forces.  In  the  same  way  he  may  order  the  attorney-general 
to  prosecute  a  "trust"  or  institute  proceedings  against 
any  violator  of  the  federal  laws,  or  may  direct  him  to  drop 
proceedings  once  begun.  Some  officers,  however,  such  as 
the  secretary  of  the  treasury  and  the  postmaster-general,  are 
less  under  the  direction  of  the  President,  their  duties  being 
prescribed  with  more  or  less  detail  by  acts  of  Congress.1 

The  Civil  Service  System. — For  a  half  century  following 
the  introduction  of  the  spoils  system  by  President  Jackson, 
both  parties  acted  on  the  principle  that  the  offices  of  the 
federal  government  were  the  legitimate  spoils  of  victory 
at  the  polls.  Under  such  circumstances  the  public  service 
was  demoralized  and  enfeebled,  and  the  time  of  the  Presi- 
dent and  heads  of  the  departments  was  taken  up  with 
considering  applications  for  office  when  it  should  have 
been  devoted  to  more  important  matters.  After  the  Civil 
War,  a  movement  was  started  which  had  for  its  purpose 
the  establishment  of  the  merit  system  in  the  public  service 
and  the  elimination  of  the  spoils  system. 

The  Civil  Service  Law  of  1883. — The  assassination  of 
President  Garfield  in  1881  by  a  disappointed  office  seeker 
aroused  public  opinion  to  some  of  the  worst  evils  of  the 
existing  system,  and  in  obedience  to  the  demands  of  pub- 

xThe  act  organizing  the  treasury  department  requires  the  secre- 
tary of  the  treasury  to  make  his  annual  report  to  Congress,  while 
the  other  cabinet  heads  make  their  reports  to  the  President.  It  was 
the  evident  intention  of  Congress  to  keep  the  secretary  of  the  treasury 
more  closely  under  the  control  of  the  representatives  of  the  people. 


THE  CIVIL  SERVICE  SYSTEM  307 

lie  sentiment,  Congress  in  1883  enacted  the  civil  service 
law  which  forms  the  basis  of  the  present  civil  service  sys- 
tem. This  law  provided  for  the  creation  of  a  commission 
of  three  persons,  not  more  than  two  of  whom  should  belong 
to  the  same  political  party.  The  commission  was  charged 
with  forming  rules  for  making  appointments  to  the  pub- 
lic service,  and  with  carrying  out  the  provisions  of  the  law. 

The  Classified  Service. — The  act  provided  for  the  classi- 
fication of  the  positions  in  the  departments  at  Washington 
and  in  the  customhouses  and  post  offices  where  at  least 
fifty  persons  were  employed,  and  for  the  holding,  under  the 
supervision  of  the  commission,  of  competitive  examinations 
to  test  the  fitness  of  applicants  for  appointments  to  posi- 
tions in  the  classified  service.  The  classified  service  now 
includes  the  departmental  service  at  Washington,  the  cus- 
toms service,  the  post  office  service,  the  railway  mail  serv- 
ice, the  Indian  service,  the  internal  revenue  service,  and 
the  government  printing  service. 

Extent  of  the  Classified  Service. — At  first  the  law  applied 
to  only  about  14,000  positions,  but  since  then  the  number 
has  been  increased  from  time  to  time  by  the  creation  of 
new  offices  and  by  orders  of  Presidents  extending  the  rules 
to  other  classes  of  positions.  A  large  extension,  for  exam- 
ple, was  made  by  President  Cleveland  in  1896.  President 
Roosevelt  also  made  large  extensions,  so  that  when  he 
went  out  of  office  there  were  about  twice  as  many  positions 
under  the  rules  as  there  were  when  he  became  President. 
In  1912  President  Taft  added  over  36,000  fourth-class  post- 
masters and  20,000  artisans  employed  in  the  navy  yards ; 
and  in  1917  President  Wilson  placed  10,000  first-,  second-, 
and  third-class  postmasters  under  the  rules.  Of  517,805 
officers  and  employees  in  the  executive '  civil  service  in 
1917,  326,899  were  subject  to  competitive  examination. 


308  THE  PRESIDENCY :  POWERS  AND  DUTIES 

Exempt  Positions. — Among  the  positions  not  under  the 
rules  and  for  which  competitive  examinations  are  not  re- 
quired are  the  more  important  presidential  offices  such  as 
cabinet  officers,  assistant  secretaries,  chiefs  of  bureaus, 
United  States  attorneys,  marshals,  judges,  ambassadors 
and  ministers,  besides  a  large  number  of  minor  officials 
like  private  secretaries.  The  income  tax  and  currency 
acts  of  1913  exempted  from  the  operation  of  the  civil 
service  laws  employees  who  collect  the  income  tax  and 
employees  of  the  Federal  Reserve  Board.  By  an  act  of 
the  same  year  deputy  collectors  of  internal  revenue  and 
deputy  marshals  were  withdrawn  from  the  operation  of 
the  laws.  These  acts  have  been  criticized  by  civil  service 
reformers. 

Examinations. — Civil  service  examinations  are  held  at 
least  twice  each  year  in  every  state  and  territory,  and 
any  citizen  of  the  United  States  is  eligible  to  take  the 
examination  for  any  position  to  be  filled.  The  commission 
keeps  a  list  of  eligibles,  that  is,  of  persons  who  have  passed 
an  examination,  and  whenever  an  appointment  is  to  be 
made,  it  certifies  to  the  appointing  authority  a  list  of  those 
who  are  qualified,  and  from  the  three  standing  highest  on 
the  list  the  appointment  must  be  made.  But  in  making 
the  appointments  preference  must  be  given  to  persons 
honorably  discharged  from  the  military  or  naval  service 
by  reason  of  their  disability  resulting  from  wounds  or  sick- 
ness. The  examinations  are  required  to  be  practical  in 
character  and  of  such  a  nature  as  to  test,  as  far  as  possible, 
the  capacity  and  fitness  of  the  applicants  to  discharge  the 
duties  of  the  position  for  which  they  desire  an  appointment. 

No  appointment  is  permanent  until  after  six  months  of 
probationary  service,  during  which  time  the  appointee 
must  have  demonstrated  his  capacity  for  the  office.  The 


THE  CIVIL  SERVICE  SYSTEM  309 

law  also  prohibits  members  of  Congress  from  making  rec- 
ommendations for  appointments  to  positions  in  the  classi- 
fied service  except  as  to  the  character  and  residence  of  the 
applicant,  and  also  forbids  the  levying  of  assessments  on 
government  employees  for  campaign  purposes  or  the  so- 
licitation of  contributions  from  employees.1 

How  Removals  are  Made.: — When  an  appointment  has 
been  made  in  pursuance  of  the  civil  service  rules,  the  ap- 
pointee is  protected  from  removal  for  political  reasons. 
The  rules  now  in  force  declare  that  removals  from  the  com- 
petitive service  can  be  made  only  for  just  cause  and  for 
reasons  stated  in  writing,  with  an  opportunity  to  the  em- 
ployee to  be  heard.  "Just  cause"  is  defined  as  being  any 
cause  not  merely  political  or  religious,  which  will  promote 
the  efficiency  of  the  service. 

The  Effect  of  the  competitive  system  has  been  to  give 
the  public  service  the  character  of  permanency  and  in- 
creased efficiency.  The  administration  may  change  at 
Washington,  but  the  more  than  200,000  officials  under  the 
civil  service  rules  are  not  affected  thereby.  There  is  no 
longer  a  "  clean  sweep  "  at  the  beginning  of  every  adminis- 
tration, no  longer  the  demoralization  that  once  characterized 
the  government  service  when  a  new  party  came  into  power. 
Thus  the  whole  tone  of  the  public  service  has  been  im- 
proved, and  the  President  and  heads  of  the  departments 
have  been  partly  relieved  from  the  burden  of  listening  to  the 
appeals  of  the  army  of  office  seekers  who  used  to  de- 

1  By  a  law  of  1907,  employees  in  the  classified  service  are  forbidden 
to  take  active  part  in  political  campaigns,  and  this  prohibition  has 
been  construed  to  forbid  service  on  political  committees,  service  as 
delegates  to  party  conventions,  publication  of  newspaper  articles 
of  a  political  nature,  membership  in  political  clubs,  circulation  of 
petitions  of  a  political  character,  etc. 


310  THE  PRESIDENCY:  POWERS  AND  DUTIES 

scend  upon  Washington  at  the  beginning  of  every  new  ad- 
ministration. 

Management  of  Foreign  Affairs. — The  United  States  as 
a  leading  member  of  the  family  of  nations  has  an  extensive 
intercourse  with  other  countries.  There  is  no  nation  with 
which  it  has  not  entered  into  relations  of  some  kind  or 
another.  With  every  civilized  country  and  some  that  are 
not  civilized,  we  have  one  or  more  treaties  regulating  cer- 
tain of  our  relations  with  them. 

How  Treaties  are  Negotiated. — The  President,  by  and 
with  the  advice  and  consent  of  the  senate,  two  thirds  of 
the  members  concurring,  is  charged  with  the  negotiation  of 
all  treaties.  The  share  of  the  senate  in  the  negotiation 
of  all  treaties  has  already  been  discussed  in  chapter  x. 

The  President  usually  does  not  conduct  negotiations  him- 
self,1 but  acts  through  the  secretary  of  state,  who  is  a  sort 
of  minister  of  foreign  affairs.  The  secretary  is  subject  to 
his  directions,  however,  and  while  conducting  negotiations 
keeps  the  President  fully  informed  of  their  progress,  and 
secures  his  approval  of  all  points  which  in  his  judgment 
should  be  submitted  to  him  for  an  opinion.  Foreign 
ministers  at  Washington  who  wish  to  discuss  questions  of 
foreign  policy  with  the  President  are  referred  to  the  secre- 
tary, who  is  his  responsible  minister  in  such  matters.  Am- 
bassadors, ministers,  and  consuls  of  the  United  States  are 
appointed  by  the  President,  though  the  approval  of  the 
senate  is  essential  to  the  validity  of  the  appointment. 
Diplomatic  representatives  sent  abroad  bear  letters  of 
credence  signed  by  the  President,  and  from  time  to  time 
they  are  given  instructions  as  to  the  action  they  shall 
take  in  negotiations  with  foreign  governments.  These  in- 

1  In  1915-1919,  however,  President  Wilson  wrote  notes  to  the  German 
government,  and  took  part  in  framing  the  treaty  of  peace. 


MANAGEMENT  OF  FOREIGN  AFFAIRS  311 

structions  are  prepared  by  the  secretary  of  state,  though 
in  important  cases  he  consults  the  President  and  ascertains 
his  wishes  in  the  matter.  The  President  may  transfer  a 
minister  from  one  post  to  another,  may  recall  him,  or  dis- 
miss him  whenever  he  likes. 

Power  to  "Receive"  Foreign  Ministers. — The  President  is 
also  the  authority  designated  by  the  Constitution  for  re- 
ceiving ambassadors  and  ministers  accredited  by  foreign 
governments  to  the  government  of  the  United  States.  To 
receive  a  foreign  minister  is  to  recognize  him  as  the  official 
representative  to  the  United  States  of  the  government 
which  has  appointed  him.  When  a  new  minister  arrives 
at  Washington,  he  is  escorted  to  the  White  House  by  the 
secretary  of  state  on  a  day  agreed  upon,  and  is  received 
by  the  President.  The  new  minister  presents  his  credentials 
and  delivers  a  short  ceremonial  address,  to  which  the  Presi- 
dent responds.  He  is  then  recognized  as  the  official  organ 
of  communication  between  the  United  States  government, 
and  the  government  which  he  represents.  The  President, 
however,  may  refuse  to  recognize  a  minister  from  a  country 
whose  independence  is  in  doubt,  or  one  who  is  personally 
objectionable  to  the  United  States  government.  He  may 
also  request  a  foreign  government  to  recall  a  minister  ac- 
credited to  the  United  States,  or  may  dismiss  one  for  con- 
duct highly  offensive  to  the  government. 

The  Military  Powers  of  the  President.— The  Constitu- 
tion declares  that  the  President  shall  be  commander  in 
chief  of  the  army  and  navy  and  also  of  the  militia  of  the 
several  states  whenever  it  is  called  into  the  service  of  the 
United  States.  The  power  to  declare  war,  however,  be- 
longs to  Congress,  though  the  President  may  through  his 
management  of  the  foreign  affairs  of  the  country  bring 
about  a  situation  which  may  make  a  declaration  of  war 


312  THE  PRESIDENCY:  POWERS   AND   DUTIES 

a  virtual  necessity.  Congress  also  determines  the  strength 
of  the  army,  the  method  of  raising  the  forces,  their  terms 
of  service,  pay,  subsistence,  organization,  equipment,  loca- 
tion of  forts,  and  indeed  everything  relating  to  its  make-up. 

Extent  of  the  President's  Power. — The  President,  as  com- 
mander in  chief,  decides  where  the  troops  are  to  be  lo- 
cated, and  where  the  ships  are  to  be  stationed.  It  is  upon 
his  orders  that  the  troops  are  mobilized,  the  fleets  assembled, 
and  the  militia  of  the  states  called  out.  He  may  direct  the 
campaigns  and  might,  if  he  wished,  take  personal  command 
of  the  army,  the  navy,  or  the  militia,  though  in  practice 
he  never  does,  the  army,  in  fact,  being  commanded  by  a 
military  officer  and  the  navy  by  a  naval  officer.  He  may  do 
whatever,  in  his  judgment,  may  conduce  to  the  destruction 
of  the  power  or  the  weakening  of  the  strength  of  the  enemy, 
so  long  as  he  acts  within  the  accepted  rules  of  international 
law.  His  power,  in  short,  is  limited  only  by  the  require- 
ments of  military  necessity  and  the  law  of  nations.  Thus 
he  may  declare  that  any  property  used  by  the  enemy  for 
warlike  purposes  or  which  may  in  other  respects  be  a  source 
of  strength  to  the  enemy  shall  be  subject  to  confiscation. 
It  was  in  pursuance  of  this  power  that  President  Lincoln 
issued  the  emancipation  proclamation  freeing  the  slaves  in 
certain  of  the  Southern  states  during  the  Civil  War. 

Power  to  Govern  Occupied  Territory. — When  an  enemy's 
territory  has  once  been  occupied  by  the  army,  the  Presi- 
dent, as  commander. in  chief,  may  assume  control  and  gov- 
ern it  through  such  agencies  and  in  such  manner  as  he  may 
see  fit.  He  may  displace  the  existing  authorities  or  make 
use  of  them  as  he  wishes.  He  may  appoint  military  gov- 
ernors and  set  up  special  tribunals  in  the  place  of  existing 
courts.  He  may  suspend  the  writ  of  habeas  corpus,  in- 
stitute martial  law,  and  deprive  the  inhabitants  of  other 


THE  MILITARY  POWERS   OF  THE  PRESIDENT       313 

safeguards  established  by  the  Constitution  for  their  pro- 
tection against  the  arbitrary  encroachments  of  the  gov- 
ernment. By  virtue  of  this  authority  President  Lincoln 
governed  for  some  time  those  parts  of  the  South  which  came 
under  the  jurisdiction  of  the  military  forces  of  the  United 
States  during  the  Civil  War.  In  the  same  way  President 
McKinley  governed  Porto  Rico  and  the  Philippines  for 
many  months  during  and  after  the  war  with  Spain. 

Conclusions. — From  this  summary  it  will  readily  be  seen 
that  the  powers  of  the  President  as  commander  in  chief 
during  war  are  very  great,  in  fact  almost  unlimited.  He 
may  become,  as  President  Lincoln  did,  practically  a  dic- 
tator, and  if  he  should  choose  to  abuse  his  powers  he  might 
deprive  the  people  of  a  large  portion  of  their  liberties. 

In  time  of  peace,  the  military  powers  of  the  President 
are  far  less  than  during  war,  though  they  are  still  consid- 
erable. His  duty  to  protect  the  states  against  invasion 
and  his  power  to  order  out  the  troops  to  suppress  domestic 
violence  upon  the  application  of  the  state  executive  or 
legislature  are  discussed  in  chapter  iii.  Whenever  the 
movement  of  interstate  commerce  or  the  instrumentalities 
of  the  national  government  are  interfered  with  by  rioters 
it  is  his  right  and  duty  to  employ  the  army  or  the  navy  if 
necessary  to  suppress  the  disturbances.1  By  an  act  of 
Congress  passed  in  1795  and  still  in  force,  the  President  is 
authorized  to  call  out  the  militia  whenever  the  laws  of  the 
United  States  are  opposed  or  their  execution  obstructed 
by  combinations  too  powerful,  in  his  judgment,  to  be  sup- 
pressed by  the  ordinary  course  of  judicial  proceedings,  or 
by  the  federal  marshals.  And  the  President  is  the  sole 
judge  of  the  existence  of  the  state  of  facts  thus  described, 
and  no  court  in  the  land  can  review  his  decision  in  regard 
1  See  further  on  this  point,  pp.  60-62. 


314  THE  PRESIDENCY:  POWERS  AND  DUTIES 

thereto.  It  was  in  pursuance  of  this  act  that  President 
Lincoln  issued  his  first  call  for  the  militia  in  1861. 

The  President's  Share  in  Legislation. — While  the  chief 
duty  of  the  President  is  to  execute  the  laws,  he  is  at  the 
same  time  given  a  share  in  their  making.  This  share  is 
both  positive  and  negative  in  character. 

Presidential  Messages. — The  Constitution  makes  it  his 
duty  to  give  Congress  from  time  to  time  information  of 
the  state  of  the  Union  and  to  recommend  for  its  consid- 
eration such  measures  as  he  may  judge  necessary  and 
proper.  This  requirement  rests  upon  the  obvious  fact  that 
he  possesses  more  extensive  sources  of  knowledge  in  regard 
to  the  state  of  public  affairs  than  any  one  else,  and  is  also 
familiar  with  the  workings  of  the  laws,  and  hence  is  in  a 
position  to  recommend  legislation  for  their  improvement. 

The  information  required  to  be  furnished  Congress  is 
contained  in  an  annual  message  communicated  at  the  be- 
ginning of  each  session,  and  in  special  messages  communi- 
cated from  time  to  time  during  the  session. 

Early  Practice. — It  was  the  custom  at  the  beginning  of 
our  national  history  for  the  President  to  deliver  an  address 
at  the  opening  of  Congress,  in  the  presence  of  both  houses 
assembled  in  the  senate  chamber,  and  for  each  house  there- 
after to  draw  up  a  suitable  reply,  in  accordance  with  the 
English  custom.  This  plan  was  followed  by  both  Wash- 
ington and  Adams,  but  Jefferson  inaugurated  the  practice 
of  communicating  what  he  had  to  say  in  the  form  of  a 
written  message.  From  that  time  down  till  1913  all  the 
presidential  messages  to  Congress  were  in  written  form 
only ;  but  in  the  latter  year  President  Wilson  revived  the 
practice  of  addressing  Congress  in  person. 

Character  of  the  Annual  Messages. — The  annual  message 
contains  a  review  of  the  operations  of  the  government  dur- 


PRESIDENTIAL  MESSAGES  315 

ing  the  preceding  year,  together  with  such  recommenda- 
tions for  additional  legislation  as  the  President  thinks  the 
interests  of  the  country  require.  It  also  usually  contains 
a  summary  of  the  reports  of  the  several  heads  of  depart- 
ments, and  is  accompanied  by  the  full  reports  of  the  de- 
partments. Sometimes  one  or  the  other  of  the  houses 
adopts  resolutions  calling  on  the  President  for  information 
on  particular  subjects,  and  if  in  his  judgment  the  communi- 
cation of  the  information  is  not  incompatible  with  the 
public  interests,  the  request  is  complied  with. 

The  message  is  printed  in  full  in  nearly  all  the  daily  news- 
papers of  the  country  on  the  day  on  which  it  is  communi- 
cated to  Congress,  and  it  is  widely  read  by  the  people  and 
commented  on  by  editors.  When  the  message  has  been 
received  by  the  Congress,  it  is  ordered  to  be  printed,  and 
the  various  recommendations  which  it  contains  are  dis- 
tributed among  the  appropriate  committees  of  each  house. 
The  consideration  which  the  recommendations  receive  at 
the  hands  of  Congress  depends  upon  the  influence  which 
the  President  wields  with  the  two  houses.  If  he  belongs 
to  a  different  political  party  from  that  which  is  in  control 
of  Congress,  or  if  for  other  reasons  Congress  is  out  of 
sympathy  with  his  policies,  his  recommendations  count 
for  little. 

Power  to  Call  Extraordinary  Sessions. — The  President 
has  power  to  call  extraordinary  sessions  of  Congress  for 
the  consideration  of  special  matters  of  an  urgent  character. 
Of  course  the  President  cannot  compel  Congress  to  adopt 
his  recommendations  at  a  special  session  any  more  than 
at  a  regular  session,  but  he  can  sometimes  hasten  action 
and  if  he  is  backed  by  a  strong  public  opinion  he  may  be 
able  to  accomplish  even  more.  The  authority  to  call  ex- 
traordinary sessions  has  been  exercised  by  Presidents 


316  THE  PRESIDENCY:  POWERS  AND  DUTIES 

Adams,  Jefferson,  Madison,  Van  Buren,  Harrison,  Pierce, 
Lincoln,  Hayes,  Cleveland,  McKinley,  Roosevelt,  Taft,  and 
Wilson.  In  all  these  cases  Congress  was  called  together  to 
deal  with  extraordinary  situations  such  as  foreign  diffi- 
culties, financial  panics,  rebellion,  the  enactment  of  ap- 
propriation bills  which  had  failed  at  the  regular  session, 
the  enactment  of  tariff  bills  for  which  there  was  an  urgent 
demand,  the  approval  of  reciprocity  treaties,  and  the  like. 
The  senate  has  often  been  convened  in  extraordinary  ses- 
sion at  the  beginning  of  a  new  administration  for  the  pur- 
pose of  approving  the  nominations  of  the  President,  but 
the  house  of  representatives  has  never  been  called  alone. 

Power  to  Adjourn  Congress. — The  President  is  also  au- 
thorized to  adjourn  the  two  houses  in  case  of  disagreement 
between  them  as  to  the  time  for  adjourning  the  session. 
Only  one  such  case  of  disagreement  has  ever  occurred, 
namely,  in  the  special  session  of  November,  1903,  when  the 
senate  proposed  to  adjourn  and  the  house  of  represen- 
tatives refused.  President  Roosevelt  did  not,  however, 
exercise  his  power  in  this  case,  so  the  special  session  con^ 
tinued  about  two  weeks  longer,  until  it  was  ended  by  the 
beginning  of  the  regular  session. 

Power  to  Issue  Ordinances. — Under  the  legislative  func- 
tions of  the  President  may  also  be  included  what  is  known 
as  the  ordinance  power,  that  is,  the  power  to  issue  certain 
orders  and  regulations  having  the  force  of  law.  Such  are  the 
regulations  for  the  government  of  the  army  and  navy,  and 
those  relating  to  the  postal  service,  patents,  pensions,  pub- 
lic lands,  Indian  affairs,  the  customs  service,  internal  revenue 
service,  marine  hospital  service,  the  consular  service,  the 
civil  service,  and  many  other  branches  of  administration. 
Some  of  these  regulations  are  issued  by  the  President  under 
express  authority  conferred  upon  him  bv  acts  of  Con- 


POWER  TO  ISSUE  ORDINANCES  317 

gress;  others  are  issued  as  a  result  of  the  necessity  of  pre- 
scribing means  for  carrying  into  effect  the  laws  of  Congress 
and  sometimes  of  interpreting  them; 1  while  still  others  are 
issued  in  pursuance  of  the  constitutional  powers  of  the 
President.  Such  are  the  regulations  issued  for  the  govern- 
ment of  the  army  and  navy,  in  pursuance  of  the  authority 
of  the  President  as  commander  in  chief. 

The  Veto  Power. — Finally,  the  President  is  given  an 
important  share  in  legislation  through  the v  constitutional 
requirement  which  requires  that  all  bills  and  resolutions 
passed  by  Congress  shall  be  submitted  for  his  approval.2 
The  power  to  withhold  his  approval  of  the  acts  passed  by 

1 A  recent  example  is  found  in  the  regulations  issued  by  President 
Taf t  for  putting  into  effect  the  new  law  levying  a  tax  on  corporations. 
The  meaning  of  the  law  in  various  particulars  had  to  be  interpreted, 
and  the  method  and  means  of  assessing  and  collecting  the  tax  had  to 
be  prescribed.  Another  example  was  the  regulations  issued  by  Presi- 
dent Wilson  in  1913  for  the  collection  of  the  income  tax. 

2  Ex-President  Benjamin  Harrison,  in  his  book  "  This  Country  of 
Ours,"  p.  138,  thus  describes  the  course  which  a  bill  takes  after  it  has 
passed  both  houses:  "When  a  bill  has  passed  both  houses  of  Congress 
and  has  been  signed  by  the  president  of  the  senate  and  the  speaker 
of  the  house,  it  is  taken,  by  the  clerk  of  the  committee  on  enrolled 
bills,  to  the  Executive  Mansion,  where  the  date  of  its  delivery  is 
stamped  upon  it.  The  practice  is  then  to  send  the  bill  to  the  head  of 
the  department  to  which  its  subject  matter  belongs — to  the  war 
department,  if  to  army  matters;  to  the  interior,  if  to  pensions,  or  pub- 
lic lands,  or  Indian  affairs,  etc. — for  the  examination  of  the  secretary, 
and  for  a  report  from  him  as  to  any  objections  that  may  occur  to  him. 
As  to  the  frame  of  the  bill,  and  as  to  any  constitutional  questions  in- 
volved, the  attorney-general  is  often  consulted,  though  the  bill  does 
not  relate  to  his  department.  The  President  then  takes  up  the  bill, 
with  the  report  from  the  department,  and  examines  it,  and  if  he  ap- 
proves writes  thereon  "Approved,"  giving  the  date,  and  signs  his 
name.  The  bill,  now  become  a  law,  is  then  sent  to  the  state  depart* 
ment  to  be  filed  and  published  in  the  statutes  at  large." 


318  THE  PRESIDENCY:  POWERS  AND  DUTIES 

Congress  is  popularly  known  as  the  veto  power.  It  was 
called  by  the  framers  of  the  Constitution  the  President's 
"  qualified  negative. "  This  prerogative  constitutes  an  ex- 
ception to  the  principle  of  the  separation  of  governmental 
powers,  and  was  conferred  upon  the  executive  as  a  means 
of  enabling  him  to  defend  his  constitutional  powers  and 
privileges  against  the  encroachments  of  the  legislative 
department,  as  well  as  to  provide  a  check  upon  hasty  and 
careless  legislation  by  Congress.  The  conditions  under 
which  the  right  of  veto  may  be  exercised,  the  forms  which 
it  may  take,  and  the  procedure  by  which  it  may  be  over- 
ridden by  Congress  are  discussed  in  chapter  xi.  The 
President  may  veto  a  bill  because  he  believes  it  to  be  un- 
constitutional, or  because  he  believes  it  is  unwise  or  in- 
expedient, though  in  both  cases  a  wise  executive  will  be 
slow  to  set  his  judgment  against  the  combined  judgment  of 
the  members  of  Congress. 

No  Power  to  Veto  Items  in  Appropriation  Bills. — Unlike 
the  governors  of  many  of  the  states,  he  cannot  veto  par- 
ticular items  in  appropriation  bills,  as  a  result  of  which  he  is 
sometimes  confronted  with  the  embarrassing  duty  of  sign- 
ing a  bill  carrying  certain  appropriations  to  which  he  ob- 
jects, or  of  vetoing  the  entire  bill.  President  Cleveland  on 
one  occasion  vetoed  the  rivers  and  harbors  bill  carrying  an 
appropriation  of  many  millions  of  dollars  rather  than  ap- 
prove certain  items  in  it  which  he  considered  wasteful  and 
extravagant.  If  the  President  had  the  power  to  veto  par- 
ticular items  in  appropriation  bills  he  could  prevent  useless 
and  extravagant  appropriations  in  many  cases  without  be- 
ing under  the  necessity  of  defeating  at  the  same  time  those 
which  are  desirable  and  necessary. 

Use  of  the  Veto  Power. — The  early  Presidents  either  did 
not  make  use  of  the  veto  power  at  all,  or  employed  it  spar- 


THE  VETO  POWER  319 

ingly.  Neither  John  Adams,  nor  Thomas  Jefferson,  nor 
John  Quincy  Adams,  while  in  the  presidential  chair,  vetoed 
any  bills ;  and  Washington,  Madison,  and  Monroe  together 
vetoed  only  eight.  Many  of  the  later  Presidents  used  the 
veto  power  more  freely. 

No  bill  was  passed  over  the  veto  of  a  President  until  the 
administration  of  Tyler,  when  one  was  so  passed.  Four 
bills  were  passed  over  the  vetoes  of  Pierce,  fourteen  over 
those  of  Johnson,  three  over  those  of  Grant,  one  over  a  veto 
of  Hayes,  one  over  a  veto  of  Arthur,  two  over  the  vetoes 
of  Cleveland,  one  each  over  the  vetoes  of  Harrison,  Taft, 
and  Wilson. 

Joint  Resolutions  as  well  as  bills  are  usually  presented  to 
the  President  for  his  signature,  and  must  be  approved  be- 
fore they  have  any  validity,  though  it  has  not  been  the 
practice  to  submit  to  the  President,  for  his  approval,  joint 
resolutions  proposing  amendments  to  the  Constitution. 
Concurrent  resolutions,  which  do  not  have  the  force  of  law, 
but  are  merely  expressions  of  the  sense  of  the  legislative 
department  on  some  question  of  interest  to  it  alone,  do  not 
require  the  approval  of  the  President.1 

Importance  of  the  Veto. — The  threat  of  the  President  to 
employ  the  veto  may  be  used  to  great  effect.  A  strong 
President  who  has  positive  ideas  in  regard  to  the  kind  of 
legislation  which  the  country  needs  and  which  public 
opinion  demands,  may  compel  the  adoption  in  whole  or  in 
part  of  those  ideas  by  the  threatened  use  of  the  veto.  The 
necessity  of  obtaining  the  approval  of  the  President  really 
gives  him  a  powerful  share  in  legislation.  Roosevelt,  for 
example,  on  a  number  of  occasions  threatened  to  veto 
bills  about  to  be  passed  by  Congress  unless  they  were 

1  The  distinction  between  bills,  joint  resolutions,  and  concurrent 
resolutions  is  diseased  on  p.  204. 


320  THE  PRESIDENCY:  POWERS  AND  DUTIES 

changed  so  as  to  embody  the  ideas  which  he  advocated, 
and  the  threats  were  not  without  effect. 

The  Pardoning  Power  of  the  President— The  Consti- 
tution authorizes  the  President  "to  grant  reprieves  and 
pardons  for  offenses  against  the  United  States  except  in 
cases  of  impeachment."  1  The  President  cannot,  of  course, 
pardon  offenses  against  state  law.  Offenses  against  the 
postal  laws,  the  revenue  laws,  the  laws  against  counterfeit- 
ing, and  the  national  banking  laws  are  those  for  which  par- 
dons are  most  frequently  sought.  Crimes  committed  in  the 
territories  are,  however,  offenses  against  the  laws  of  the 
United  States,  and  are  frequently  the  object  of  applica- 
tions for  pardon. 

With  the  exception  of  the  limitation  in  regard  to  im- 
peachment offenses,  the  President's  power  of  pardon  is  ab- 
solute. His  power  is  not  restricted  by  a  board  of  pardons 
as  is  that  of  the  governors  of  some  of  the  states,  nor  can 
Congress  in  any  way  abridge  his  power  or  restrict  the  effect 
of  a  pardon  granted  by  him.  Moreover,  he  may  grant  a 
pardon  before  as  well  as  after  conviction,  though  this  is 
rarely  done  in  the  case  of  individual  offenses.  It  is  some- 
times done,  however,  where  large  numbers  of  persons  have 
become  liable  to  criminal  prosecution  for  participation  in 
rebellion,  resistance  to  the  laws,  and  similar  acts. 

Amnesty. — In  such  cases  the  pardon  is  known  as  an 
"amnesty,"  and  is  granted  by  proclamation.  Thus  in  De- 
cember, 1863,  President  Lincoln  issued  an  amnesty  procla- 
mation offering  a  full  pardon  to  all  persons  in  arms  against 

1  Impeachment  offenses  were  excepted  for  the  purpose  of  prevent- 
ing the  President  from  granting  pardons  to  his  own  appointees  and 
thereby  shielding  them  from  the  consequences  of  their  acts. 

For  definition  of  pardon  and  reprieve,  and  further  discussion  of 
the  nature  and  purpose  of  the  pardoning  power,  see  p.  i 


THE  PARDONING  POWER  OF  THE  PRESIDENT        321 

the  United  States  provided  they  would  lay  down  their  arms 
and  return  to  their  allegiance.  In  April,  1865,  President 
Johnson  issued  a  proclamation  offering  amnesty  to  all 
those  who  had  borne  arms  against  the  United  States,  with 
certain  exceptions  and  subject  to  certain  conditions.  The 
last  instance  of  the  kind  was  the  proclamation  issued  by 
President  Harrison,  in  1893,  granting  amnesty  to  those 
Mormons  who  had  violated  the  anti-polygamy  laws  of  the 
United  States. 

Commutation. — The  power  to  pardon  is  held  also  to  in- 
clude the  power  to  commute  a  sentence  from  a  heavier  to  a 
lighter  penalty,  and  also  to  reduce  a  fine  or  remit  it 
entirely. 

Parole. — In  1910,  Congress  passed  a  law  providing  for 
the  release  on  parole  of  federal  prisoners  sentenced  to  a 
term  of  more  than  one  year,  except  life  prisoners,  provided 
their  conduct  has  been  satisfactory.  At  each  of  the  three 
federal  prisons  there  is  a  board  of  parole  charged  with  hear- 
ing applications  for  release. 

Immunity  of  the  President  from  Judicial  Control. — Being  at 
the  head  of  a  coordinate  department  of  the  government,  the 
President,  unlike  other  public  officers,  is  not  subject  to  the 
control  of  the  courts.  They  cannot  issue  processes  against 
him,  or  restrain  him  or  compel  him  to  perform  any  act. 
During  the  trial  of  Aaron  Burr  for  treason,  Chief  Justice 
Marshall  issued  a  subpoena  directed  to  President  Jefferson 
requiring  him  to  produce  a  certain  paper  relating  to  Burr's 
acts,  but  the  President  refused  to  obey  the  writ,  declaring 
that  if  the  chief  executive  could  be  compelled  to  obey  the 
processes  of  the  courts  he  might  be  prevented  from  the  dis- 
charge of  his  duties.  Even  if  the  President  were  to  commit 
an  act  of  violence,  he  could  not  be  arrested  or  in  any  way 
restrained  of  his  liberty.  The  only  remedy  against  acts  of 
Govt.  U.  S.— 21 


322  THE  PRESIDENCY:  BOWERS  AND  DUTIES 

violence  committed  by  him  is  impeachment  by  the  house 
of  representatives  and  trial  by  the  Senate.  If  convicted, 
he  must  be  deprived  of  his  office,  after  which  his  immunity 
ends  and  he  is  liable  to  prosecution  and  trial  in  the  ordinary 
courts  as  any  other  offender.  The  principle  upon  which  the 
President  is  exempt  from  the  control  of  the  courts  is  not 
that  he  can  do  no  wrong,  but  that  if  he  were  subject  to  judi- 
cial restraint  and  compelled  to  obey  the  processes  of  the 
courts,  the  administration  of  the  duties  of  his  high  office 
might  be  interfered  with. 

Nevertheless,  the  Supreme  Court  does  not  hesitate  to  ex- 
ercise control  over  the  subordinates  through  whom  the 
President  acts  in  most  cases,  and  it  will  refuse  to  sanction 
orders  or  regulations  promulgated  by  him  if  they  are  un- 
constitutional. To  this  extent,  his  acts  are_subjject_to  judi- 
cial control. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  180-201. 
BEARD,  American  Government  and  Politics,  ch.  x.  BRYCE,  The 
American  Commonwealth  (abridged  edition),  ch.  v.  FAIRLIE,  Na- 
tional Administration,  chs.  i-ii.  HARRISON,  This  Country  of  Ours, 
ch.  vi.  HINSDALE,  American  Government,  ch.  xxxii. 

Documentary  and  Illustrative  Material. — i.  Copy  of  an  inaugural 
address  of  the  President.  2.  Copy  of  an  annual  message  of 
the  President.  3.  Copies  of  executive  orders  and  proclamations. 
4.  Copies  of  veto  messages. 

RESEARCH  QUESTIONS 

1.  What  is  your  opinion  of  Sir  Henry  Maine's  saying  that  the 
President  of  the  United  States  is  but  a  revised  edition  of  the  English 
King? 

2.  How  do  the  powers  of  the  President  compare  in  importance  and 
scope  with  those  of  the  King  of  England? 

3.  Have  the  President's  powers  increased  or  decreased  since  1789? 
Give  your  reasons. 


RESEARCH  QUESTIONS  323 

4.  Name  some  of  the  Presidents  who  were  notable  for  the  vigorous 
exercise  of  executive  power. 

5.  What  is  your  opinion  of  the  position  taken  by  President  Roose- 
velt that  the  power  of  the  President  should  be  increased  by  executive 
interpretation  and  judicial  construction? 

6.  Is  the  President  the  judge  of  the  extent  and  limits  of  his  own 
powers?    If  not,  what  authority  is? 

7.  Do  you  think  the  President  ought  to  be  prohibited  from  removing 
officers  except  for  good  cause?    Ought  the  consent  of  the  senate  to 
be  required  in  all  cases  of  removal? 

8.  What  is  your  opinion  of  the  proposition  that  the  members  of 
the  cabinet  should  be  elected  by  the  people? 

9.  Why  are  the  powers  of  the  President  so  much  more  extensive 
in  time  of  war  than  in  time  of  peace? 

10.  What  were  the  principal  recommendations  made  by  the  Presi- 
dent in  his  last  annual  message? 

11.  Do  you  think  he  should  be  allowed  to  grant  pardons  before 
conviction?    Would  it  not  be  well  to  have  a  federal  board  of  pardons 
whose  approval  should  be  necessary  to  the  validity  of  all  pardons 
issued  by  the  President? 

12.  In  the  exercise  of  his  duty  to  enforce  the  laws,  may  the  Presi- 
dent interpret  their  meaning  in  case  of  doubt? 

13.  To  what  extent  ought  the  President  in  making  appointments 
to  take  into  consideration  the  politics  of  the  appointee?     To  what  ex- 
tent should  he  be  governed  by  the  recommendations  of  members  of 
Congress? 

14.  Why  should  the  executive  power  be  vested  5n  the  hands  of  a 
single  person  while  the  judicial  and  legislative  powers  are  vested  in 
bodies  or  assemblies? 

15.  Do  you  think  the  present  salary  allowed  the  President  ade- 
quate?   How  does  it  compare  with  the  allowance  made  to  the  King 
of  England?  the  President  of  France? 


CHAPTER  XVH 
THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

The  Cabinet. — The  heads  of  the  ten  executive  depart- 
ments collectively  constitute  the  President's  cabinet.  They 
are,  in  the  order  of  rank,  the  secretary  of  state  (first 
styled  the  secretary  of  foreign  affairs),  the  secretary  of  the 
treasury,  the  secretary  of  war,  the  attorney-general,  the 
postmaster-general,  the  secretary  of  the  navy,  the  secre- 
tary of  the  interior,  the  secretary  of  agriculture,  the  secre- 
tary of  commerce,  and  the  secretary  of  labor.  They  are 
appointed  by  the  President  with  the  consent  of  the  senate, 
which  in  practice  is  never  refused ;  and  they  may  be  dis- 
missed by  him  at  any  time.  The  salary  of  cabinet  mem- 
bers is  $12,000  a  year. 

Origin  and  Nature  of  the  Cabinet. — There  was  no 
thought  in  the  beginning  that  the  heads  of  departments 
should  constitute  a  cabinet  or  advisory  council  to  the  Pres- 
ident, and  during  the  first  administration  they  were  never, 
as  a  matter  of  fact,  convened  by  him  for  collective  consulta- 
tion. When  their  opinions  or  advice  were  desired  they  were 
requested  by  written  communication.  During  his  second 
term,  however,  President  Washington  adopted  the  practice 
of  assembling  the  heads  of  departments  occasionally  for 
consultation  not  only  on  matters  pertaining  to  their  par- 
ticular departments  but  in  regard  to  questions  of  general 
executive  policy.  Thus  the  cabinet  meeting  became  a  regu- 
lar feature  of  executive  procedure,  and  the  cabinet  a  per 

324 


ORIGIN  AND  NATURE  OF  THE  CABINET  325 

manent  institution.  It  is  well  to  remember,  however,  that 
the  cabinet  as  such  is  not  mentioned  in  the  Constitution, 
and  the  name  "  cabinet  "  never  appeared  in  any  law  until 
the  year  1907.  No  record  is  kept  of  its  proceedings. 

Cabinet  Responsibility. — Unlike  a  European  cabinet,  the 
members  of  the  President's  cabinet  are  not,  and  cannot  be, 
members  of  either  house  of  Congress;  they  have  no  seats 
in  Congress ;  they  are  not  responsible  to  Congress  for  their 
policies,  and  they  never  think  of  resigning  when  Congress 
refuses  to  carry  out  their  recommendations  or  to  approve 
their  official  acts.  They  are  responsible  solely  to  the  Pres- 
ident for  their  official  conduct,  and  are  subject  to  his  direc- 
tion, except  in  so  far  as  their  duties  are  prescribed  by  law. 
They  are,  in  short,  the  ministers  of  the  President,  not  of 
Congress ;  administrative  chiefs,  not  parliamentary  leaders. 
It  may  happen,  therefore,  that  members  of  the  cabinet,  like 
the  President,  may  belong  to  the  party  which  is  in  the  mi- 
nority in  Congress.1 

The  Department  of  State. — At  the  head  of  the  depart- 
ment of  state  is  the  secretary  of  state,  who  is  the  ranking 
member  of  the  cabinet  and  the  first  in  line  for  the  presi- 

1  There  is  little  resemblance  between  the  American  cabinet  and 
a  European  ministry.  In  foreign  countries  where  the  parliamentary 
system  prevails,  cabinet  ministers  are  chosen  from  the  party  having 
control  of  the  Parliament ;  they  are  usually  members  of  Parliament, 
but  whether  they  are  or  not  they  are  entitled  to  seats  therein ;  and 
they  prepare  and  introduce  all  important  legislative  measures,  urge 
their  adoption  by  the  Parliament,  and  defend  their  political  policies 
and  acts  whenever  they  are  attacked.  To  one  or  both  of  the  legis- 
lative chambers  they  are  responsible  for  their  political  acts,  and  when- 
ever they  cease  to  command  the  support  of  the  chamber  to  which  they 
are  responsible  they  must  resign  and  make  way  for  a  new  cabinet 
which  does  possess  its  confidence.  It  is  thus  impossible  for  the  legis- 
lative and  executive  deoartments  of  the  government  to  be  antagonistic. 


326  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

dency  in  case  of  the  death  or  removal  of  both  President 
and  Vice  President.  He  sits  at  the  right  hand  of  the  Presi- 
dent at  cabinet  meetings  and  is  given  precedence  over  his 
colleagues  on  occasions  of  ceremony.  There  are  also  three 
assistant  secretaries  in  the  department,  and  a  counselor, 
who  advises  the  President  and  Secretary  of  State  in  regard 
to  questions  of  international  law. 

The  duties  of  the  secretary  of  state  fall  into  three  groups: 
first,  he  is  the  custodian  of  the  great  seal  and  of  the  archives 
of  the  United  States.  In  this  capacity  he  receives  the  acts 
and  resolutions  of  Congress,  publishes  them  in  certain 
papers,  and  preserves  the  originals.  Under  this  head  also 
fall  the  duties  of  countersigning  proclamations  and  impor- 
tant commissions  of  the  President  and  of  attaching  thereto 
the  great  seal.  In  the  second  place,  the  secretary  of  state 
is  the  organ  of  communication  between  the  national  govern- 
ment and  the  state  governments.  Thus  an  application  from 
the  governor  of  a  state  for  troops  to  suppress  domestic  vio- 
lence, or  a  request  for  the  extradition  of  a  criminal  who  has 
taken  refuge  in  a  foreign  country,  is  made  through  the  secre- 
tary of  state.  In  the  third  place,  the  secretary  of  state  is 
the  organ  of  communication  between  the  United  States  and 
foreign  powers,  that  is,  he  is  the  minister  of  foreign  affairs. 
He  carries  on  all  correspondence  with  foreign  governments, 
negotiates  treaties,  countersigns  warrants  for  the  extradi- 
tion of  fugitives  from  the  justice  of  foreign  countries,  issues 
passports  to  American  citizens  wishing  to  travel  abroad, 
and  grants  exequaturs  to  foreign  consuls  in  the  United 
States. 

The  Diplomatic  Service. — For  purposes  of  administra- 
tion the  department  of  state  is  organized  into  a  number  of 
bureaus  and  divisions.  The  Diplomatic  Bureau  prepares 
diplomatic  correspondence  with  foreign  governments,  and 


THE  DEPARTMENT  OF  STATE  327 

has  charge  of  the  engrossing  of  treaties  and  other  formal 
papers,  the  preparation  of  the  credentials  of  diplomatic 
representatives,  and  of  ceremonious  letters.  The  United 
States  government  is  now  represented  at  the  governments 
of  nearly  fifty  different  foreign  countries  by  diplomatic 
representatives,  and  most  of  these  governments  maintain 
diplomatic  representatives  at  Washington.  Our  represen- 
tatives to  Great  Britain,  France,  Germany,  Russia,  Austria- 
Hungary,  Italy,  Japan,  Mexico.  Brazil,  Turkey,  Spain, 
Argentina,  and  Chile  bear  the  rank  of  ambassador.  The 
government  is  represented  at  most  of  the  other  countries 
by  envoys  extraordinary  and  ministers  plenipotentiary ;  but 
to  one  country  (Liberia)  it  sends  a  minister  resident.  The 
principal  difference  between  the  different  classes  of  minis- 
ters is  one  of  rank  and  precedence.  At  the  more  impor- 
tant foreign  posts  the  ambassador  or  minister  is  provided 
with  from  one  to  three  secretaries.  There  are  also  inter- 
preters at  the  legations  in  Oriental  countries,  and  at  all 
the  important  foreign  capitals  military  and  naval  attaches 
are  attached  to  the  legation. 

Elimination  of  the  Spoils  System. — The  efficiency  of  the 
diplomatic  service  has  been  much  impaired  by  the  exist- 
ence of  the  spoils  system,  as  a  result  of  which  diplomatic 
appointments  are  determined  largely  by  political  considera- 
tions, and  changes  are  made  by  each  new  administration. 
In  the  administrations  of  Presidents  Roosevelt  and  Taft, 
however,  a  beginning  was  made  toward  the  introduction  of 
the  merit  system  into  the  diplomatic  service. 

Duties  of  Diplomatic  Representatives. — The  principal  du- 
ties of  diplomatic  representatives  are  to  watch  over  the  in- 
terests of  their  country  and  its  citizens  in  the  country  to 
which  they  are  accredited  and  to  see  that  they  receive  proper 
protection,  to  present  and  cause  to  be  settled  all  claims 


328    THE  CABINE1  AND  THE  EXECUTIVE  DEPARTMENTS 

against  the  foreign  country  in  which  they  reside,  to  ne- 
gotiate treaties,  to  settle  disputes  and  adjust  difficulties, 
to  promote  friendly  relations,  and,  in  general,  to  represent 
their  government  in  its  relations  with  the  government  to 
which  they  are  accredited.  It  is  also  the  duty  of  a  diplo- 
matic representative  to  keep  his  government  fully  informed 
on  all  matters  in  which  it  is  likely  to  be  interested.  He  is 
expected  to  transmit  reports  relating  to  political  conditions, 
finance,  commerce,  agriculture,  arts  and  science,  systems  of 
taxation,  population,  judicial  statistics,  new  inventions,  and 
other  matters  of  possible  interest  to  his  government. 

The  procedure  by  which  treaties  are  negotiated  may  take 
either  of. two  courses:  the  secretary  of  state  may  conduct  the 
negotiations  with  a  foreign  minister  at  Washington,  or  he 
may  direct  the  American  minister  in  the  foreign  country 
with  which  it  is  desired  to  treat  to  negotiate  with  the  min- 
ister of  foreign  affairs  of  that  government.1 

1  The  following  description  of  the  procedure  observed  in  drawing  up, 
signing,  and  ratifying  treaties  is  given  by  Mr.  Van  Dyne  in  his  book 
entitled  "Our  Foreign  Service,"  pp.  9-10: 

"When  the  terms  of  a  treaty  are  agreed  upon,  two  exact  copies  are 
engrossed  at  the  Department  of  State,  and  signed  by  the  Secretary 
and  the  foreign  minister.  Where  the  two  countries  have  not  a  com- 
mon language  the  texts  in  the  two  languages  are  engrossed  in  parallel 
columns.  In  drawing  up  treaties  this  government  adheres  to  the 
'alternat,'  by  which  in  the  copy  of  the  treaty  to  be  retained  by  this 
government,  the  United  States  is  named  first,  and  our  plenipotentiary 
signs  first.  In  the  copy  to  be  retained  by  the  foreign  government  that 
government  is  named  first  and  its  plenipotentiary  signs  first.  The 
seal  of  each  plenipotentiary  is  placed  after  his  signature.  Two  nar- 
row pieces  of  red,  white  and  blue  striped  silk  ribbon  are  laid  across 
the  page,  some  hot  wax  is  dropped  on  the  document  at  the  place  where 
the  impression  of  the  seal  is  to  be  made,  and  the  seals  are  placed  on 
this,  the  ribbon  thus  fastened  to  the  seals  being  used  to  bind  the  pages 
of  the  instrument.  When  the  treaty  is  ratified,  a  day  is  fixed  and  the 


THE  DEPARTMENT  OF  STATE  329 

The  Consular  Service. — The  Consular  Bureau  in  the  de- 
partment of  state  has  charge  of  the  correspondence  with  our 
consular  officers  in  foreign  countries.  A  consul  differs  from 
a  diplomatic  representative  in  being  a  commercial  rather 
than  a  political  representative.  Consuls  are  stationed  at  all 
important  commercial  centers  in  foreign  countries,  to  look 
after  the  commercial  interests  of  their  country,  promote 
foreign  trade,  watch  over  shipping  and  navigation,  admin- 
ister the  estates  of  American  citizens  dying  abroad,  assist 
in  the  administration  of  our  customs,  health,  navigation, 
immigration,  and  naturalization  laws,  and  to  collect  such 
information  concerning  the  trade,  industries,  and  markets 
of  foreign  countries  as  may  be  of  value  to  the  commercial 
interests  of  the  United  States.1 

Recent  Reforms. — In  obedience  to  the  widespread  de- 
mands of  the  commercial  interests  of  the  country,  notable 
improvements  have  recently  been  made  in  our  consular  serv- 
ice. Formerly  political  considerations  largely  determined 

plenipotentiaries  meet  and  exchange  ratifications.  The  ratification 
is  attached  to  the  instrument.  When  the  ratification  is  completed, 
proclamation  of  the  fact  and  publication  of  the  text  are  made  simul- 
taneously at  the  capitals  of  each  nation,  upon  a  day  agreed  upon." 

1  In  certain  Oriental  countries,  notably  China,  Morocco,  Persia, 
Siam,  and  Turkey,  the  United  States  consuls,  by  virtue  of  treaty 
arrangements,  exercise  jurisdiction  over  American  citizens  in  both 
civil  and  criminal  cases.  They  are  empowered  to  try  Americans 
for  offenses  committed  within  their  districts  and  to  determine  all 
civil  controversies  between  citizens  of  the  United  States  residing 
iherein.  In  more  serious  criminal  cases  and  in  civil  cases  involving 
large  amounts,  appeals  may  be  taken  to  the  American  minister. 
The  reason  why  Western  powers  refuse  to  permit  their  citizens  to  be 
tried  by  the  courts  of  these  countries  is  that  their  standards  of  law 
and  procedure  are  repugnant  to  those  of  Western  countries.  For- 
merly consular  jurisdiction  existed  in  Japan  also,  but  it  was  abolished 
by  treaty  in  1899. 


330    THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

appointments  to  the  service,  and  at  the  beginning  of  each 
new  administration  a  wholesale  removal  was  made  in  order 
to  find  places  for  party  workers.  By  acts  of  Congress  passed 
in  1906  and  1909,  however,  the  service  was  reorganized  and 
attempts  made  to  place  it  on  a  merit  basis.  The  fee  system 
was  abolished,  consuls  were  prohibited  from  practicing  law 
or  engaging  in  other  businesses,  provision  was  made  for 
periodic  inspection  of  consulates,  and  a  system  of  examina- 
tions was  inaugurated  for  determining  the  qualifications  of 
appointees  to  the  service.  The  adoption  of  these  reforms 
has  brought  about  a  marked  increase  in  the  efficiency  of  the 
service  and  has  tended  to  give  to  it  the  character  of  a  per- 
manent professional  career  such  as  it  enjoys  in  Europe. 

Other  Bureaus  of  the  State  Department. — The  Bureau 

of  Indexes  and  Archives  is  charged  with  keeping  the  records 

and  indexing  the  correspondence  of  the  department  of  state. 

It  also  prepares  the  annual  volumes  of  the  foreign  relations, 

containing  portions  of  the  diplomatic  correspondence. 

The  Division  of  Passport  Control  is  charged  with  the  issue 
of  passports  to  persons  who  desire  to  travel  abroad.  A 
passport  is  a  paper  signed  by  the  secretary  of  state  certi- 
fying that  the  bearer  is  a  citizen  of  the  United  States  or 
has  declared  his  intention  of  becoming  a  citizen,  and  is  en- 
titled to  the  protection  of  the  government  when  traveling 
abroad.  They  are  granted  not  only  to  citizens  but,  by.  a 
recent  law,  to  loyal  residents  of  the  insular  possessions  and 
to  aliens  who  have  declared  their  intention  of  becoming 
citizens  and  have  resided  in  the  United  States  for  three 
years.  A  fee  of  one  dollar  is  charged  for  each  passport. 

The  other  bureaus  and  divisions  in  the  department  of 
state  are:  accounts,  rolls  and  library,  appointments,  in- 
formation, Far  Eastern  affairs,  Near  Eastern  affairs,  West- 
ern European  affairs,  and  Latin-American  affairs. 


THE  DEPARTMENT  OF  THE  TREASURY  331 

The  Department  of  the  Treasury. — For  the  most  part 
the  department  of  the  treasury  is  concerned  with  the  man- 
agement of  the  national  finances,  including  (i)  the  admin- 
istration of  the  revenue  laws,  (2)  the  custody  of  the  national 
funds,  (3)  the  preparation  of  the  budget,  (4)  the  administra- 
tion of  the  currency  and  national  banking  laws,  (5)  mis- 
cellaneous functions  such  as  those  relating  to  the  life-saving 
service,  the  public  health  and  marine  hospital  service, 
engraving  and  printing,  construction  of  public  buildings,  etc. 

The  custody  of  the  government  funds  devolves  upon  the 
Treasurer,  who  is  charged  with  receiving  and  disbursing 
upon  proper  warrant  all  public  moneys  that  may  be  de- 
posited in  the  treasury  at  Washington  or  in  the  subtreas- 
uries  at  New  York,  Philadelphia,  Baltimore,  Cincinnati, 
Chicago,  St.  Louis,  New  Orleans,  and  San  Francisco,  as 
well  as  in  national  banks  and  federal  reserve  banks.  He  is 
also  the  custodian  of  miscellaneous  trust  funds,  is  the  agent 
of  the  government  for  paying  interest  on  the  public  debt 
and  for  issuing  and  redeeming  government  paper  currency 
and  national  bank  notes,  and  is  the  custodian  of  the  bonds 
deposited  to  secure  national  bank  circulation. 

The  Register  of  the  Treasury  issues  and  signs  all  bonds 
of  the  United  States,  registers  bond  transfers  and  redemp- 
tion of  bonds,  and  signs  transfers  of  public  funds  from  the 
treasury  to  the  subtreasuries  or  depositories. 

The  Commissioner  of  Internal  Revenue  supervises  the 
collection  of  the  federal  income  tax  and  of  the  taxes  on  the 
manufacture  of  tobacco,  etc.,  and  supervises  the  enforce- 
ment of  the  prohibition  law. 

The  Director  of  the  Budget,  provided  for  by  the  new  budget 
act  of  1921,  prepares  for  the  President  the  annual  budget 
and  all  other  estimates  of  revenues  and  expenditures,  and 
with  that  end  in  view,  has  power  to  assemble,  correlate, 


332    THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

revise,  reduce,  or  increase  the  estimates  of  the  several  de- 
partments or  establishments.  The  President  is,  however, 
directly  responsible  for  the  budget,  and  transmits  it  to 
Congress.  By  the  same  act,  the  office  of  Comptroller  of 
the  Treasury  was  abolished,  and  the  auditing  and  accounting 
functions  were  removed  from  the  Treasury  Department 
to  an  independent  General  Accounting  Office,  with  the 
Comptroller -General  of  the  United  States  at  its  head. 

The  principal  officers  who  have  to  do  with  currency  ad- 
ministration are  the  director  of  the  mint  and  the  comp- 
troller of  the  currency.  The  Director  of  the  Mint  has  gen- 
eral supervision  of  the  administration  of  the  coinage  laws 
and  the  management  of  the  coinage  and  assay  offices.1 
The  Comptroller  of  the  Currency  exercises  supervision  over 
the  national  banks.  It  is  his  duty  to  see  that  national 
banks  are  properly  organized,  that  the  capital  stock  is 
fully  subscribed  and  paid  in,  that  the  necessary  amount  of 
United  States  bonds  have  been  duly  deposited  with  the 
government  to  secure  the  circulation  of  their  notes,  and 
that  all  national  banks  are  properly  examined  from  time  to 
time.  He  also  has  important  duties  in  connection  with  the 
management  of  the  federal  reserve  banks.  He  has  charge 
of  the  issue  of  national  bank  notes  and  (under  the  super- 
vision the  Federal  Reserve  Board)  of  Federal  reserve  notes. 

Among  the  bureaus  of  the  treasury  department  which 
have  no.  direct  relation  to  the  public  finances  the  most 
important  is  the  Public  Health  Service,  which  is  under  the 
direction  of  a  surgeon  general  who  is  charged  with  the 
supervision  of  the  national  quarantine  stations  and  of  hos- 
pitals for  the  relief  of  sick  and  disabled  seamen,  and  dis- 
charged soldiers,  sailors,  and  marines.  He  calls  conferences 
of  all  state  health  boards.  He  is  authorized  to  adopt  regu- 
1  For  a  list  of  the  mints  and  assay  offices,  see  pp.  228-229. 


THE  DEPARTMENT  OF  THE  TREASURY  333 

lations  to  prevent  the  introduction  and  spread  of  contagious 
diseases,  and  it  is  his  duty  to  supervise  the  medical  examina- 
tion of  immigrants  seeking  admission  to  the  United  States. 

The  Coast  Guard,  as  organized  in  1915,  is  charged  with 
the  duties  of  the  former  life-saving  service  and  the  revenue 
cutter  service.  It  renders  assistance  to  persons  and  vessels 
in  distress,  patrols  the  coast  for  the  purpose  of  preventing 
violations  of  the  customs  laws,  and  enforces  the  laws  re- 
lating to  quarantine,  navigation,  protection  of  the  game, 
fishery,  and  seal  industries,  etc.  It  constitutes  a  part  of  the 
military  forces  and  is  under  the  treasury  department  in  time 
of  peace  and  under  the  navy  department  in  time  of  war. 

The  Supervising  Architect  is  charged  with  the  selection 
and  purchase  of  sites  for  government  buildings,  such  as 
federal  courthouses,  post-office  buildings,  customhouses, 
mints,  etc. ;  with  the  preparation  of  plans  and  specifications 
and  the  awarding  of  contracts  for  such  buildings. 

The  Bureau  of  Engraving  and  Printing  is  charged  with 
the  duty  of  engraving  and  printing  all  government  securi- 
ties, including  United  States  notes,  bonds,  certificates, 
national  bank  notes,  federal  reserve  notes,  internal  revenue, 
customs,  and  postage  stamps,  treasury  drafts,  etc. 

The  Secret  Service  Division  is  a  body  of  detective  agents 
employed  to  detect  frauds  and  crimes  against  the  govern- 
ment, such  as  counterfeiting  or  espionage.  Some  of  the 
force  are  also  employed  in  guarding  the  President. 

The  Bureau  of  War  Risk  Insurance  (created  in  1914)  is 
charged  with  carrying  out  the  laws  relating  to  government 
insurance  of  American  ships,  soldiers,  and  sailors. 

The  Federal  Reserve  Board  and  the  Federal  Farm  Loan 
Board  (see  p.  234)  are  also  under  the  Treasury  Department. 

The  War  Department. — The  secretary  of  war  has  charge 
of  all  matters  relating  to  national  defense  and  seacoast 


334    THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

fortifications,  river  and  harbor  improvements,  the  preven- 
tion of  obstructions  to  navigation,  and  the  establishment  of 
harbor  lines;  and  all  plans  and  locations,  of  bridges  author- 
ized by  Congress  to  be  constructed  over  navigable  rivers 
require  his  approval. 

The  army  is  under  the  direction  of  the  General  Staff  de- 
scribed on  p.  263.  Within  the  war  department  there  are 
also  a  number  of  departments  and  bureaus,  each  under  the 
direction  of  an  army  officer. 

The  Adjutant  General  has  charge  of  the  records  and 
correspondence  of  the  army  and  militia;  of  the  recruiting 
service,  including  enlistments,  appointments,  promotions, 
resignations,  etc.  He  communicates  to  subordinate  officers 
the  orders  of  the  President  and  the  secretary  of  war,  and 
preserves  reports  of  military  movements  and  operations. 

The  Inspector  General,  with  his  assistants,  visits  and  in- 
spects military  posts,  depots,  fortifications,  armories  and 
arsenals,  and  public  works  in  charge  of  army  officers,  and 
makes  reports  on  the  conduct,  efficiency,  and  discipline 
of  officers  and  men,  including  their  arms  and  equipment. 

The  Quartermaster  General  has  supervision  over  the  quar- 
termaster corps  which  is  the  main  supply  service  of  the  army 
(except  for  technical  articles),  and  furnishes  food,  clothing, 
equipment,  animals,  and  forage.  It  also  has  charge  of 
building  construction  and  transportation  for  the  army. 

The  Chief  of  Finance  has  control  over  the  finances  of  the 
army. 

The  Surgeon  General  has  supervision  over  the  medical 
service  of  the  army;  looks  after  the  sick  and  wounded;  pro- 
vides medical  and  hospital  supplies,  and  inquires  into  the 
sanitary  conditions  of  the  army.  In  addition  to  field  hos- 
pitals permanent  depots  and  hospitals  are  maintained  at 
various  points. 


THE  WAR  DEPARTMENT  335 

The  Judge- Advocate  General  is  the  chief  law  officer  of  the 
army;  he  reviews  records  of  the  proceedings  of  courts- 
martial,  courts  of  inquiry,  and  military  commissions,  and 
acts  as  legal  adviser  to  the  war  department. 

The  Chief  Signal  Officer  is  charged  with  the  supervision 
of  military  signal  duties,  the  construction,  repair,  and  opera- 
tion of  military  telegraph  lines  and  cables. 

The  Chief  of  the  Air  Service  has  supervision  over  aircraft 
production  and  the  aviation  service. 

The  Chief  of  Ordnance  supervises  the  purchase,  manu- 
facture, and  distribution  of  artillery,  small  arms,  and  ammu- 
nition for  the  army  and  the  militia.  For  the  manfacture  of 
arms  and  ammunition  there  are  arsenals  at  Springfield, 
Mass.,  Rock  Island,  111.,  Watervliet,  N.  Y.,  and  elsewhere. 

The  Chief  of  Engineers  is  at  the  head  of  the  engineering 
corps,  a  branch  of  the  army  which  is  charged  with  the  con- 
struction of  public  works  such  as  military  roads,  bridges, 
fortifications,  river  and  harbor  improvements,  geographi- 
cal explorations,  and  surveys.  The  construction  of  the 
Panama  Canal  is  the  most  notable  of  the  recent  undertak- 
ings of  the  war  department  in  this  field. 

The  Chief  of  the  Chemical  Warfare  Service  has  supervision 
over  the  production  of  chemical  warfare  materials  as  well 
as  defensive  appliances  for  protection  against  such  warfare. 
He  also  supervises  the  training  of  the  army  in  the  use  of  both. 

The  Militia  Bureau,  created  in  1916,  has  charge  of  all 
matters  relating  to  the  National  Guard. 

In  addition  to  the  purely  military  functions  and  con- 
struction of  public  works,  the  war  department  has  certain 
duties  in  connection  with  the  government  of  the  insular 
possessions  and  the  Panama  Canal  Zone.  So  far  as  these 
duties  relate  to  Porto  Rico  and  the  Philippine  Islands  they 
are  under  the  direction  of  the  Bureau  of  Insular  Affairs,  at 


336     THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

the  head  of  which  is  an  army  officer  with  the  title  of  chief 
of  the  bureau.  This  bureau  also  has  charge  of  the  collec- 
tion of  the  revenues  of  Haiti  and  the  Dominican  Republic 
in  accordance  with  treaties  which  practically  establish  an 
American  receivership  over  those  republics. 

Finally,  the  war  department  has  charge  of  the  United 
States  Military  Academy  at  West  Point,  the  various  post- 
graduate schools  of  instruction  for  army  officers  located 
at  different  army  posts,  the  national  military  parks  at 
Chickamauga,  Gettysburg,  Shiloh,  and  Vicksburg,  and  the 
national  cemeteries  in  various  parts  of  the  country.  The 
military  academy  at  West  Point  was  founded  in  1802. 
A  certain  number  of  cadets  (the  number — for  a  long 
time  one  only — has  varied  at  different  periods)  are  ap- 
pointed from  each  congressional  district  and  territory, 
upon  the  nomination  of  the  representative  in  Congress  from 
the  district ;  also  certain  numbers  from  each  state  at  large, 
from  the  District  of  Columbia,  and  from  the  United  States 
at  large.  All  candidates  are  required  to  pass  a  physical 
and  intellectual  examination;  the  course  of  instruction 
lasts  four  years;  and  each  cadet  receives  pay  sufficient 
for  his  maintenance.  Graduates  receive  appointments 
as  second  lieutenants  in  the  army,  those  standing  highest 
usually  being  appointed  to  the  engineering  corps  if  they 
prefer  assignment  to  that  branch  of  the  service.  The 
secretary  of  war  exercises  general  supervision  over  the 
academy,  and  it  is  inspected  at  regular  intervals  by  a  board 
of  visitors  of  whom  seven  are  appointed  by  the  President, 
two  by  the  Vice  President,  and  three  by  the  speaker  of  the 
house  of  representatives. 

The  Department  of  'the  Navy  was  created  in  1798. 
At  its  head  is  a  secretary,  who,  like  the  head  of  the  war  de- 
partment, is  usually  taken  from  civil  life.  Like  the  war  de- 


WEST  POINT  CADETS 


LOCK    IN  THE  PANAMA  CANAL 


xv 


THE  DEPARTMENT  OF  THE  NAVY       337 

partment,  the  navy  department  is  organized  into  the  Office 
of  Naval  Operations  and  a  number  of  bureaus. 

The  Bureau  of  Navigation  has  charge  of  the  recruiting 
service,  the  training  of  officers  and  men,  the  naval  academy; 
schools  for  the  technical  education  of  enlisted  men,  ap- 
prentice schools,  the  naval  home  at  Philadelphia,  transpor- 
tation of  enlisted  men,  records  of  squadrons,  ships,  officers 
and  men;  the  preparation  of  the  naval  register,  preparation 
of  drill  regulations,  signal  codes,  and  cipher  codes.  Under 
this  bureau  falls  the  publication  of  the  Nautical  Almanac, 
charts  and  sailing  directions,  the  naval  observatory,  and 
the  hydrographic  office. 

The  Bureau  of  Yards  and  Docks  has  general  control  of 
the  navy  yards  and  docks  belonging  to  the  government,  in- 
cluding their  construction  and  repair,  and  also  of  the  con- 
struction of  battleships  whenever  such  construction  is 
authorized  by  Congress.  The  navy  yards  are  located  at 
Washington,  Brooklyn,  Mare  Island  (California),  Phila- 
delphia (League  Island),  Norfolk,  Pensacola,  Cavite  (in  the 
Philippines),  and  various  other  places. 

The  Bureau  of  Ordnance  has  charge  of  the  supply  of  arma- 
ment and  ammunition  for  the  ships.  It  supervises  the  man- 
ufacture of  guns  and  torpedoes,  installs  armament  on  the 
vessels,  and  has  charge  of  the  naval  proving  ground  and 
magazines,  the  naval  gun  factory,  and  the  torpedo  sta- 
tion. 

The  Bureau  of  Construction  and  Repair  has  charge  of  the 
planning,  building,  and  repairing  of  vessels,  and  of  their 
equipment,  excepting  their  armament  and  engines. 

Other  Bureaus  of  the  Navy  Department,  whose  general 
duties  are  indicated  sufficiently  by  their  titles,  are:  the 
bureau  of  engineering,  the  bureau  of  medicine  and  surgery, 
and  the  bureau  of  supplies  and  accounts- 

GOVT.  U.  S.-^22 


THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

The  Judge-Advocate  General  is  the  law  officer  of  the  navy 
department  and  performs  duties  similar  to  those  of  the 
judge-advocate  general  of  the  war  department. 

The  Major  General  Commandant  of  the  Marine  Corps  is- 
sues orders  for  the  movement  of  troops  under  the  direction 
of  the  secretary  of  the  navy. 

The  department  of  the  navy  also  has  general  charge  of 
the  United  States  Naval  Academy  at  Annapolis.  The  acad- 
emy was  founded  in  1846,  by  George  Bancroft,  then  sec- 
retary of  the  navy.  A  specified  number  of  midshipmen 
are  allowed  for  each  member  of  Congress  and  each  territorial 
delegate,  and  certain  numbers  from  the  District  of  Colum- 
bia, from  Porto  Rico,  and  from  the  United  States  at  large.1 
Appointments  are  made  by  the  President  after  a  physical 
and  intellectual  examination  by  a  board,  and  an  allowance  is 
made  for  maintaining  each  midshipman  while,  in  residence 
at  the  academy.  The  course  lasts  four  years  and  includes 
instruction  in  gunnery,  naval  construction,  steam  engineer- 
ing, navigation,  mathematics,  international  law,  modern 
languages,  etc.  After  the  completion  of  the  course,  mid- 
shipmen spend  two  years  at  sea,  after  which  they  receive 
subordinate  appointments  in  the  navy  or  marine  corps. 

The  Department  of  Justice. — The  office  of  attorney- 
general  was  created  in  1789,  and  from  the  first  the  attorney- 
general  was  a  member  of  the  cabinet ;  but  for  a  long  time 
the  duties  of  the  office  were  not  extensive,  and  it  was  not 
until  1870  that  the  office  was  made  an  executive  depart- 
ment with  its  present  title  and  organization. 

The  Attorney -General  is  the  chief  law  officer  of  the  national 
government  and  is  the  legal  adviser  of  the  President  and  the 

1  In  addition,  the  secretary  of  the  navy  may  appoint  each  year 
100  midshipmen  from  the  enlisted  men  of  the  navy  less  than  twenty 
years  old,  the  selection  being  based  on  competitive  examinations. 


THE  DEPARTMENT  OF  JUSTICE  339 

heads  of  departments.  He  represents  the  United  States  be- 
fore the  Supreme  Court  in  cases  in  which  it  is  a  party,  ex- 
ercises a  sort  of  administrative  supervision  over  the  United 
States  district  attorneys  and  marshals  and  over  the  federal 
penitentiaries,  examines  applications  for  pardons,  and  ad- 
vises the  President  in  the  exercise  of  his  pardoning  power. 
The  opinions  which  he  renders  on  constitutional  and  legal 
questions  referred  to  him  are  published  by  the  government 
in  a  series  of  volumes,  and  altogether  they  constitute  an 
important  body  of  constitutional  and  administrative  law. 
Under  the  direction  of  the  President  he  institutes  proceed- 
ings and  prosecutes  cases  against  corporations  and  persons 
for  violations  of  the  laws  of  the  United  States,  or  directs 
the  district  attorneys  to  do  so. 

The  Post  Office  Department.— At  the  head  of  the  post 
office  department  is  the  postmaster-general.  He  establishes 
and  discontinues  post  offices,  appoints  all  postmasters 
whose  compensation  does  not  exceed  $1,000  a  year,  issues 
postal  regulations,  makes  postal  treaties  with  foreign  gov- 
ernments, with  the  approval  of  the  President,  awards  mail 
contracts,  and  has  general  supervision  of  the  domestic  and 
foreign  postal  service.  There  is  an  assistant  attorney- 
general  for  the  post  office  department,  who  advises  the 
postmaster-general  on  questions  of  law,  has  charge  of  pros- 
ecutions arising  under  the  postal  laws,  hears  cases  relating 
to  the  misuse  of  the  mails,  and  drafts  postal  contracts. 
There  are  also  four  assistant  postmasters-general,  each  of 
whom  has  supervision  over  a  group  of  services  within  the 
department.  The  postal  service  has  already  been  de- 
scribed in  chapter  xiv. 

The  Department  of  the  Interior. — The  interior  depart- 
ment, established  in  1849,  *s  one  °f  the  largest  and  most 
important  of  the  ten  executive  departments.  Next  to  the 


340  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

post  office  department,  the  services  which  it  performs  reach 
more  people  than  those  performed  by  any  other  depart- 
ment. Its  staff  of  employees  at  Washington  ranks  second 
in  numbers  only  to  that  of  the  treasury  department.  It  has 
charge  of  the  public  lands,  Indian  affairs,  pensions,  patents, 
the  geological  survey,  and,  to  some  extent,  the  government 
of  the  territories. 

The  Public  Lands. — Perhaps  the  most  important  bureau 
in  the  interior  department  is  the  General  Land  Office,  which 
has  charge  of  the  public  lands,  and  the  care  and  control  of 
the  forest  reserves.  Before  the  public  lands  are  sold  or 
otherwise  disposed  of  they  must  be  surveyed.  For  this 
purpose  there  are  seventeen  surveying  districts,  in  each  of 
which  there  is  a  surveyor  general. 

Disposal  of  the  Public  Lands. — The  public  lands  have 
been  disposed  of  with  a  somewhat  lavish  hand.  In  the 
early  days  liberal  grants  were  made  to  the  soldiers  of  the 
Revolutionary  War.  Immense  quantities  have  also  been 
sold  at  low  rates — much  of  it  at  $1.25  per  acre — in  order  to 
encourage  settlers  to  establish  homes  thereon.  Consider- 
able quantities  have  also  been  granted  to  the  states  for 
educational  purposes  and  the  construction  of  internal  im- 
provements. Beginning  with  Ohio  in  1802,  each  new  state 
admitted  to  the  Union  was  given  one  section  in  each  town- 
ship for  the  support  of  elementary  schools,  and  those  ad- 
mitted after  1850  were  given  two  sections  in  each  township. 
Under  the  Morrill  act  of  1862,  10,000,000  acres  were  given 
to  the  states  for  the  establishment  of  colleges  of  agriculture 
and  the  mechanic  arts.  Some  of  the  more  recently  admitted 
states  were  given  from  one  to  four  townships  each  for  the 
establishment  of  universities.1 

1  The  six  states  admitted  between  1889  and  1890  were  given 
23,000,000  acres. 


THE  DEPARTMENT  OF  THE  INTERIOR  341 

Before  the  Civil  War,  large  quantities  were  given  to  the 
states  for  the  construction  of  canals  and  railroads.  Large 
tracts  of  the  public  lands  have  also  been  granted  to  private 
corporations  as  subsidies  for  the  building  of  transconti- 
nental railways.  Finally,  by  an  act  of  1902,  the  proceeds 
from  the  sale  of  all  public  lands  in  seventeen  Western  states 
are  set  aside  for  constructing  irrigation  works  in  those  states. 

By  the  preemption  act  of  1841,  it  was  provided  that  160 
acres  of  land  should  be  given  to  any  family  living  thereon 
for  a  period  of  six  months  and  paying  $300  therefor.  This 
act  was  repealed  in  1891,  but  millions  of  acres  were  disposed 
of  during  the  fifty  years  it  was  in  force. 

By  the  homestead  act  of  1863,  still  in  force,  any  head  of  a 
family  may  acquire  160  acres  by  living  on  it  for  three  years 
(it  was  five  years  before  1912),  cultivating  a  certain  part 
of  it,  and  paying  a  small  fee. 

The  Public  Lands  now  Remaining  aggregate  about 
665,000,000  acres,  including  those  in  Alaska.  Of  these  lands 
a  large  part  have  been  set  aside  for  Indian  reservations, 
national  parks,  military  reservations,  and  national  forests,1 
and  is  therefore  not  open  to  purchase  or  entry  under  the 
homestead  act.  Arid  lands  are  sold  in  tracts  not  exceeding 
640  acres  at  $1.25  per  acre;  mineral  lands  are  sold  at  from 
$2.50  to  $5  per  acre ;  timber  and  stone  lands  at  a  minimum 
of  $2.50  per  acre;  town  site  lands  at  a  minimum  of  $10 
per  acre;  and  agricultural  lands  at  $1.25  per  acre. 

Land  Offices  are  established  in  all  the  states  where  there 
is  any  considerable  amount  of  public  land  left.  At  each 
office  there  is  a  register  and  a  receiver  who  examines  appli- 
cations for  entries  and  issues  certificates  upon  which  patents 
or  deeds  are  finally  granted. 

Indian  Affairs. — Another  important  branch  of  the  gov- 

1  There  are  now  153  national  forests,  embracing  175,940,000  acres. 


342  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

eminent  service  falling  within  the  department  of  the  inte- 
rior is  the  management  of  Indian  affairs.  For  a  long  time 
each  tribe  was  treated  to  some  extent  as  though  it  were  an 
independent  community,  and  was  dealt  with  somewhat  as 
foreign  nations  are  dealt  with.  In  1871,  however,  it  was 
enacted  that  henceforth  no  Indian  tribe  should  be  acknowl- 
edged or  treated  as  an  independent  nation  or  power  with 
which  the  United  States  may  contract  by  treaty — an  act 
which  marks  the  beginning  of  the  end  of  Indian  tribal 
authority. 

The  policy  of  extending  the  jurisdiction  of  the  govern- 
ment over  the  Indians  was  begun  by  an  act  of  1885  which 
gave  the  United  States  courts  jurisdiction  over  seven  lead- 
ing crimes  when  committed  by  Indians  on  their  reserva- 
tions. Previous  to  that  time,  crimes  committed  by  Indians 
against  Indians  within  a  reservation  were  left  to  be  dealt 
with  by  the  tribal  authorities  themselves. 

The  Allotment  Act.— By  the  Dawes  act  of  1887  the  new 
Indian  policy  begun  in  1871  was  still  further  extended. 
This  act  provided  for  the  allotment  of  Indian  lands  to  in- 
dividual members  of  the  tribe,  and  declared  that  Indians 
who  accepted  such  allotments  or  who  should  leave  their 
tribe  and  adopt  the  habits  of  civilized  life,  should  be  con- 
sidered as  citizens  of  the  United  States  and  entitled  to  all 
the  rights  and  privileges  of  citizens.  Previous  to  this  time 
the  lands  occupied  by  the  Indians  were  owned  by  the  tribe 
as  a  whole  and  not  by  the  individuals  who  occupied  them. 
Under  this  act,  individual  allotments  aggregating  more 
than  30,000,000  acres  have  been  made  to  180,000  Indians. 
There  remain  about  120,000  Indians,  to  whom  allotments 
are  still  to  be  made.  The  result  of  this  policy  will  ulti- 
mately be  to  extinguish  the  Indian  tribes  and  incorporate 
them  into  the  American  body  politic. 


THE  DEPARTMENT  OF  THE  INTERIOR  343 

Indian  Agents. — The  control  of  the  national  government 
over  the  Indian  reservations  is  exercised  largely  through  In- 
dian agents  appointed  by  the  President.  They  are  charged 
with  the  regulation  of  trade  with  the  Indians,  and  have  con- 
trol of  the  distribution  of  rations.  At  each  agency  one  or 
more  schools  are  maintained,  and  in  addition  to  the  reserva- 
tion schools  there  are  schools  for  the  higher  education  of  In- 
dians in  various  parts  of  the  country,  the  most  important 
being  at  Lawrence,  Kansas,  and  Carlisle,  Pennsylvania. 
The  aggregate  annual  expenditures  on  account  of  the  serv- 
ice are  now  about  $15,000,000,  more  than  half  of  which 
consists  of  payments  due  the  Indians  under  treaty  stipula- 
tions or  of  interest  on  trust  funds  held  by  the  government 
for  them.  The  total  amount  of  these  trust  funds  is  about 

$50,000,000.! 

The  Pension  Bureau  has  charge  of  the  administration  of 
the  pension  laws.  The  payments  on  account  of  pensions 
now  constitute  the  largest  item  of  expenditure  by  the  na- 
tional government.  Before  the  outbreak  of  the  Civil  War, 
pension  expenditures  rarely  exceeded  two  million  dollars 
a  year,  and  the  total  outlay  for  this  purpose  during  the  en- 
tire period  of  our  national  history  aggregated  less  than  half 
the  amount  now  appropriated  for  a  single  year.  According 
to  the  report  of  the  commissioner  of  pensions  for  1919  there 
were  624,427  names  on  the  pension  rolls,  and  the  amount 
expended  for  pensions  that  year  was  over  $220,000,000. 
More  than  $5,000,000,000  has  been  expended  for  pensions 
since  the  Civil  War,  a  larger  amount  than  the  national 
debt  incurred  on  account  of  the  war  itself. 

The  Patent  Office  includes  a  large  number  of  officers, 

1  The  Secretary  of  the  Interior  says  the  Osage  Indians  are  probably 
the  wealthiest  people  in  the  world,  their  average  per  capita  wealth 
being  over  $9,500.  Some  families  have  an  income  of  $12,000  a  year. 


344    THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

examiners,  and  employees,  who  are  under  the  direction  of 
the  commissioner  of  patents.  Their  work  is  described  on 
p.  260. 

Minor  Divisions  of  the  Interior  Department. — The  Bu- 
reau of  Education  was  established  in  1867.  At  its  head 
is  a  commissioner  whose  duty  it  is  to  collect  and  publish 
statistics  and  other  information  concerning  the  methods, 
conditions,  and  progress  of  education  in  the  United  States. 
Each  year  he  publishes  an  elaborate  report  summarizing  the 
educational  progress  of  the  country,  together  with  mono- 
graphs by  experts  on  special  topics  of  educational  interest. 
The  commissioner  is  also  charged  with  the  administration  of 
the  funds  appropriated  for  the  support  of  the  colleges  of 
agriculture  and  mechanic  arts  and  with  the  supervision  of 
education  in  Alaska  and  the  reindeer  industry  in  that 
country. 

The  Geological  Survey  was  established  as  a  bureau  in  the 
department  of  the  interior  in  1879.  It  is  under  the  control 
of  a  director  who  is  charged  with  the  classification  of  the 
public  lands  and  the  examination  of  the  geological  structure, 
mineral  resources,  and  mineral  products  of  the  public  lands 
and  the  survey  of  the  forest  reserves.  The  bureau  has  un- 
dertaken the  preparation  of  topographical  and  geological 
maps  of  the  United  States,  a  considerable  portion  of  which 
has  been  completed,  the  collection  of  statistics  of  the  min- 
eral products,  the  investigation  of  mine  accidents,  the 
testing  of  mineral  fuels  and  structural  materials,  and  the 
investigation  of  surface  and  underground  waters. 

The  Bureau  of  Mines,  created  in  1911,  is  charged  with 
conducting  investigations  looking  toward  the  prevention  of 
mine  accidents,  the  introduction  of  improvements  in  the 
general  health  and  safety  conditions,  the  conservation  of 
mineral  resources,  etc.  The  bureau  reported  in  1913  that 


THE  DEPARTMENT  OF  THE  INTERIOR  345 

it  had  brought  about  a  reduction  in  the  number  of  fatalities 
due  to  explosions,  from  30  to  13  per  cent. 

The  Department  of  Agriculture. — A  so-called  "depart- 
ment" of  agriculture  was  established  in  1862,  though  its 
rank  was  only  that  of  a  bureau  and  its  head  bore  the  title 
of  commissioner.  From  time  to  time,  the  scope  and  func- 
tions of  the  "department"  were  extended  until  1889,  when 
it  was  raised  to  the  rank  of  a  cabinet  department  with  a  sec- 
retary at  its  head.  Like  the  other  departments,  it  is  or- 
ganized into  bureaus,  offices,  and  divisions. 

The  Weather  Bureau  has  charge  of  the  preparation  of 
weather  forecasts  and  the  display  of  storm,  cold  wave,  frost, 
and  flood  warnings  for  the  benefit  of  agriculture,  commerce, 
and  navigation. 

The  Bureau  of  Animal  Industry  conducts  the  inspection 
of  animals,  meats,  and  meat  food  products  under  the  act  of 
Congress  of  June  30,  1906,  and  has  charge  of  the  inspection 
of  import  and  export  animals,  the  inspection  of  vessels  for 
the  transportation  of  export  animals,  and  the  quarantine 
stations  for  imported  live  stock;  supervises  the  interstate 
transportation  of  animals,  and  reports  on  the  condition  and 
means  of  improving  the  animal  industries  of  the  country. 

The  Bureau  of  Plant  Industry  studies  plant  life  in  its  re- 
lations to  agriculture.  It  investigates  the  diseases  of  plants 
and  carries  on  field  tests  in  the  prevention  of  diseases.  It 
studies  the  improvement  of  crops  by  breeding  and  selection, 
maintains  demonstration  farms,  and  carries  on  investiga- 
tions with  a  view  to  introducing  better  methods  of  farm 
practice.  It  conducts  agricultural  explorations  in  foreign 
countries  for  the  purpose  of  securing  new  plants  and  seeds 
for  introduction  into  the  United  States.  It  studies  fruits, 
their  adaptability  to  various  climates,  and  the  methods  of 
harvesting,  handling,  storing,  and  marketing  them. 


346  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

The  Forest  Service  is  charged  with  the  administration 
of  the  National  Forests.  It  also  gives  practical  advice  in  the 
conservation  and  handling  of  national,  state,  and  private 
forest  lands,  and  in  methods  of  utilizing  forest  products;  in- 
vestigates methods  of  forest  planting,  and  gives  practical 
advice  to  tree  planters;  studies  commercially  valuable  trees 
to  determine  their  best  management  and  use;  gathers 
statistics  on  forest  products,  in  cooperation  with  the  bureau 
of  the  census,  and  investigates  the  control  and  prevention 
of  forest  fires,  and  other  forest  problems. 

The  Bureau  of  Chemistry  conducts  investigations  into  the 
chemical  composition  of  fertilizers,  agricultural  products, 
and  food  stuffs.  In  pursuance  of  the  pure  food  law  of  1906, 
it  examines  foods  and  drugs  intended  to  be  sent  from  one 
state  to  another,  with  a  view  to  determining  whether  they 
are  adulterated  or  misbranded.  It  also  conducts  investiga- 
tions of  food  stuffs  imported  from  abroad  and  denies  entry 
to  such  as  are  found  unwholesome,  adulterated,  or  falsely 
labeled.  It  also  inspects  food  products  intended  to  be  ex- 
ported to  foreign  countries  where  standards  of  purity  are 
required. 

Other  Bureaus,  whose  duties  are  indicated  by  their  titles, 
are:  the  bureau  of  soils,  the  bureau  of  crop  estimates,  the 
bureau  of  entomology,  the  bureau  of  biological  survey,  the 
bureau  of  markets,  and  the  bureau  of  public  roads. 

The  Department  of  Commerce  embraces  what  remains 
of  the  department  of  commerce  and  labor  created  in  1903, 
and  divided  in  1913  by  the  creation  of  the  department  of 
labor.  It  is  charged  with  the  promotion  of  the  commerce 
of  the  United  States  and  its  mining,  manufacturing,  ship- 
ping, fishing,  and  transportation  interests. 

The  Bureau  of  the  Census  is  charged  with  the  duty  of  tak- 
ing the  decennial  census  of  the  United  States,  including  the 


THE  DEPARTMENT  OF  COMMERCE  347 

collection  of  such  special  statistics  as  Congress  may  author- 
ize. The  first  census,  that  of  1790,  was  taken  under  the  di- 
rection of  the  United  States  marshals  in  their  respective 
districts;  the  statistics  collected  related  only  to  popula- 
tion, and  the  schedule  embraced  only  six  questions.  In  1880 
the  use  of  the  marshals  was  done  away  with  and  a  corps  of 
census  supervisors  provided.  Until  1902  the  machinery  for 
taking  the  census  was  organized  anew  for  each  census,  but  in 
the  latter  year  provision  was  made  for  a  permanent  census 
bureau.  The  schedule  of  inquiries  has  increased  from  dec- 
ade to  decade  until  it  now  embraces  a  wide  range  of  ques- 
tions relating  not  only  to  population,  but  also  to  vital  sta- 
tistics, agriculture,  manufactures,  defective  and  criminal 
classes,  cotton  production,  statistics  of  cities,  state  and  local 
finances,  transportation,  mining,  and  various  other  matters, 
the  results  of  which  are  published  in  a  series  of  large  volumes 
and  in  special  bulletins.  At  the  head  of  the  bureau  is  a  di- 
rector, who  is  aided  by  an  assistant  directorf  a  number  of 
statisticians  and  experts,  and  a  corps  of  local  supervisors 
and  enumerators.  The  census  work  was  in  the  charge  of 
the  department  of  state  until  1850,  when  it  was  transferred 
to  the  department  of  the  interior. 

The  Bureau  of  Navigation l  is  charged  with  the  general 
superintendence  of  the  merchant  marine  of  the  United 
States  and  of  the  enforcement  of  the  navigation  laws.  It 
has  charge  of  the  registration  of  American  vessels  engaged 
in  the  foreign  trade,  and  of  the  enrollment  and  licensing  of 
vessels  in  the  coasting  trade.  It  supervises  the  execution  of 
the  tonnage  laws  and  the  collection  of  tonnage  duties ;  pre- 
pares an  annual  list  of  vessels  registered  under  the  American 

1  This  bureau  in  the  department  of  commerce  must  not  be  confused 
with  the  bureau  of  navigation  in  the  navy  department,  already 
described. 


348     THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

flag ;  and  supervises  the  work  of  the  United  States  shipping 
commissioners,  who  administer  the  laws  for  the  protection 
of  seamen. 

The  Steamboat  Inspection  Service  is  charged  with  the  ad- 
ministration of  the  laws  providing  for  the  inspection  of 
steam  and  sailing  vessels  registered  under  the  American 
flag ;  with  the  examination  and  licensing  of  officers  of  such 
vessels,  and  with  the  protection  of  life  and  property  on 
water.  At  the  head  of  the  service  is  an  inspector  general, 
who  is  aided  by  ten  supervising  inspectors,  each  of  the  latter 
having  under  his  supervision  a  number  of  local  inspectors 
stationed  at  the  important  commercial  ports.  All  vessels 
must  be  inspected  once  a  year  as  to  their  safety,  construc- 
tion, and  facilities  for  protection  against  fire. 

The  Bureau  of  Fisheries  has  control  of  fish  hatcheries  in 
many  parts  of  the  country,  for  the  propagation  of  useful 
food  fishes ;  studies  fish  culture  and  the  causes  of  the  de- 
crease of  food  fishes;  collects  statistics  in  regard  to  the 
fishery  industry ;  and  in  general  promotes  the  fishery  inter- 
ests. It  supervises  the  salmon  fisheries  of  Alaska  and  the 
fur  seal  industry  on  the  Pribilof  Islands  of  the  Bering  Sea. 

The  Bureau  of  Lighthouses  is  charged  with  the  con- 
struction and  maintenance  of  lighthouses,  light  vessels, 
beacons,  fog  signals,  buoys,  and  other  aids  to  navigation. 
The  seaboard  is  divided  up  into  lighthouse  districts,  in  each 
of  which  is  a  naval  officer  who  serves  as  inspector  and  has 
immediate  charge  of  the  supply,  maintenance,  and  admin- 
istration of  the  lighthouses  in  his  district.  At  each  light- 
house there  is  a  keeper  and  one  or  more  assistant  keepers. 
The  establishment  now  consists  of  more  than  1,500  light- 
houses and  beacons,  a  fleet  of  light-ships,  and  more  than 
6,000  buoys.  Since  1910  the  service  has  been  under  th*5 
supervision  of  a  commissioner. 


THE  DEPARTMENT  OF  COMMERCE  349 

The  Bureau  of  Standards,  established  in  1901,  is  charged 
with  the  custody  of  the  national  standards,  the  testing  of 
measuring  apparatus,  and  the  investigation  of  problems  re- 
lating to  standards  of  weighing  and  measuring. 

The  Coast  and  Geodetic  Survey  is  charged  with  the  survey 
of  the  coasts  and  of  rivers  to  the  head  of  tide  water,  and 
the  publication  of  charts  of  the  same ;  the  investigation  of 
questions  relating  to  temperature,  tides,  currents,  and  the 
depths  of  navigable  waters ;  the  making  of  magnetic  obser- 
vations ;  the  determination  of  geographic  positions,  and  the 
like.  The  results  are  published  in  annual  reports  and  spe- 
cial publications.  It  prepares  tables,  sailing  directions, 
charts  of  the  coasts,  harbor  charts,  notices  to  mariners,  and 
other  publications  for  the  use  of  mariners. 

The  Bureau  of  Foreign  and  Domestic  Commerce  is 
charged  with  fostering  and  developing  the  various  manu- 
facturing interests  of  the  United  States  and  extending  the 
markets  for  manufactured  articles  abroad,  by  collecting  and 
publishing  all  available  and  useful  information  concerning 
such  markets  and  industries.  It  publishes  statistics  of 
commerce,  finance,  etc.,  consular  and  trade  reports,  and  an 
annual  volume  known  as  the  "  Commercial  Relations  of 
the  United  States." 

The  Bureau  of  Corporations,  created  in  1903,  was  intended  mainly 
to  furnish  an  agency  for  the  investigation  of  corporations  suspected 
of  violating  the  anti-" trust"  laws  of  the  United  States.  It  was 
authorized  to  investigate  the  organization  and  methods  of  any  corpo- 
ration or  joint-stock  company  engaged  in  foreign  or  interstate  com- 
merce (except  common  carriers  subject  to  the  interstate  commerce 
act)  and  to  report  to  the  President  such  information  as  might  be  of 
value  in  enabling  him  to  enforce  the  anti-"  trust "  laws.  It  was 
abolished  in  1914  and  its  duties  were  devolved  upon  the  newly 
created  Federal  Trade  Commission,  which  has  already  been  described 
(see  p.  245). 


350    THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

The  Department  of  Labor  was  created  in  1913,  and  is 
charged  with  fostering,  promoting,  and  developing  the 
welfare  of 'the  wage  earners  of  the  United  States,  especially 
the  improvement  of  the  conditions  under  which  they  work 
and  the  advancement  of  their  opportunities  for  profitable 
employment. 

The  Bureaus  of  Immigration  and-  Naturalization,  formerly 
consolidated  in  the  department  of  commerce  and  labor, 
were  divided  in  1913  and  transferred  to  the  new  depart- 
ment of  labor.  They  are  charged  respectively  with  the  ad- 
ministration of  the  immigration  laws  and  the  administra- 
tion of  the  naturalization  laws  of  the  United  States.1 

The  Bureau  of  Labor  Statistics,  formerly  known  as  the 
bureau  of  labor,  was  transferred  from  the  former  depart- 
ment of  commerce  and  labor  in  1913.  It  is  charged  with 
collecting  and  diffusing  among  the  people  of  the  United 
States  useful  information  on  subjects  connected  with  labor 

1  See  also  pp.  238-239.  The  increase  in  the  number  of  immi- 
grants by  decades  is  shown  by  the  following  table : 


DECADE 

POPULATION  AT  BEGINNING 
OF  DECADE 

TOTAL  NUMBER  OF 
IMMIGRANTS 

1821-1830  

0,633,822 

143,430 

1831—  1-840  

I2,866,O2O 

^00,12^ 

1841—1850     

17,060,4.^3 

I,7l3,2t;i 

1851-1860              

23,101,876 

2,?o8,224 

1861-1870                

31,4.4.3,321 

2,3I4.,824 

1871—1880 

38,<^8,37I 

2,8l2,IOI 

1881—1890 

CQ  I  ^,783 

"?,  24.6,  6l3 

62,622,250 

3,687,564 

1901—1910           

7"?,9Q4,57< 

8,793,386 

In  1916  naturalization  certificates  were  issued  to  93,911  persons  and 
declarations  of  intention  to  become  citizens  were  made  by  207,935. 


THE  DEPARTMENT  OF  LABOR  351 

in  the  most  general  and  comprehensive  sense  of  that  word, 
and  especially  upon  its  relations  to  capital,  the  hours  of 
labor,  the  earnings  of  laboring  men  and  women,  and  the 
means  of  promoting  their  material,  social,  intellectual,  and 
moral  prosperity. 

It  is  especially  charged  with  investigating  the  causes  of 
and  facts  relating  to  all  controversies  and  disputes  between 
employers  and  employees.  It  publishes  from  time  to  time 
the  results  of  elaborate  investigations  on  various  subjects 
relating  to  labor  and  industry,  and  also  issues  a  bimonthly 
bulletin  on  special  topics  within  the  same  field. 

The  Children's  Bureau,  established  in  1912,  is  charged 
with  the  investigation  of  problems  relating  to  the  welfare 
of  children,  such  as  the  conditions  of  the  employment  of 
children,  the  causes  of  infant  mortality,  etc. 

In  1920  the  Women's  Bureau  was  established  to  promote 
the  welfare  of  wage-earning  women. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  327-352. 
BEARD,  American  Government  and  Politics,  ch.  xi.  BRYCE,  The 
American  Commonwealth  (abridged  edition),  ch.  viii.  FAIRLIE, 
National  Administration  of  the  U.  S.,  ch.  iv.  HARRISON,  This  Coun- 
try of  Ours,  chs.  xi-xviii. 

Documentary  and  Illustrative  Material. — i.  The  Congressional 
Directory.  2.  Annual  reports  of  the  heads  of  department  and  other 
officials,  such  as  the  commissioner  of  pensions,  the  commissioner  of 
the  general  land  office,  the  commissioner  general  of  immigration,  the 
civil  service  commission,  the  interstate  commerce  commission,  etc. 

RESEARCH  QUESTIONS 

1.  What  is  the  origin  of  the  term  "cabinet"?    On  what  days  are 
cabinet  meetings  now  held? 

2.  What  are  the  principal  differences  between  the  American  cab- 
inet and  the  British  cabinet? 

3.  Do  you  think  the  members  of  the  cabinet  should  be  members 


352  THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

of  Congress?    If  not,  ought  they  to  be  allowed  seats  in  Congress  with- 
out the  right  to  vote? 

4.  Do  you  .think  the  President  ought  ever  to  disregard  the  advice 
of  his  cabinet? 

5.  Give  the  names  of  five  distinguished  secretaries  of  state  since 
1789. 

6.  Washington's  first  cabinet  was  composed  of  an  equal  number 
of  members  from  both  political  parties.    Would  it  be  wise  to  follow 
that  practice? 

7.  Why  is  the  secretary  of  the  treasury  required  to  make  his  an- 
nual reports  to  Congress  while  the  other  heads  of  departments  make 
theirs  to  the  President? 

8.  Would  it  be  wise  to  elect  the  heads  of  departments  of  the 
federal  government  by  popular  vote  as  those  of  the  state  governments 
usually  are? 

9.  Do  you  think  the  secretary  of  war  ought  to  be  an  army  officer 
as  is  the  usual  practice  in  Europe? 

10.  Why  is  the  postmaster-generalship  usually  given  to  an  active 
party  manager? 

11.  Why  is  an  importer  ineligible  under  the  law  to  appointment  as 
secretary  of  the  treasury? 

12.  Why  is  the  department  of  state  really  misnamed?    Would  the 
title  "department  of  foreign  affairs"  indicate  more  precisely  the  duties 
of  the  department? 

13.  What  is  your  opinion  of  the  movement  to  establish  a  depart- 
ment of  public  health? 

14.  Do  you  think  the  bureau  of  education  should  be  raised  to  the 
rank  of  a  department? 


THE  UNITED  STATES  SUPREME  COURT 


THE  SUPREME  COURT  ROOM 

xvi 


CHAPTER  XVIII 
THE  FEDERAL  JUDICIARY 

Establishment  of  the  Federal  Judiciary. — The  Articles 
of  Confederation,  as  we  have  seen,  made  no  provision  for 
a  national  judiciary.  Hamilton  declared  this  to  be  the 
crowning  defect  of  the  old  government,  for  laws,  he  very 
properly  added,  are  a  dead  letter  without  courts  to  ex- 
pound their  true  meaning  and  define  their  operations. 
During  the  period  of  the  Confederation,  the  national  gov- 
ernment was  dependent  for  the  most  part,  as  has  been  said, 
on  the  states  for  the  enforcement  of  its  will.  Thus  if  some 
one  counterfeited  the  national  currency,  robbed  the  mails, 
or  assaulted  a  foreign  ambassador,  there  was  no  national 
court  to  take  jurisdiction  of  the  case  and  punish  the  of- 
fender. The  only  way  by  which  he  could  be  brought  to 
justice  and  the  authority  of  the  national  government  up- 
held was  through  the  kindly  assistance  of  some  state  court, 
and  this  assistance  was  not  always  cheerfully  lent  nor  was 
it  always  effective  when  tendered.  Congress  to  be  sure 
acted  as  a  court  for  the  settlement  of  disputes  between 
the  states  themselves,  but  a  legislative  assembly  is  never 
well  fitted  for  exercising  judicial  functions.  In  the  absence 
of  a  national  judiciary  it  proved  impossible  to  enforce 
solemn  treaty  stipulations  to  which  the  United  States  was 
a  party,  a  fact  which  led  Great  Britain  to  refuse  to  carry 
out  certain  of  her  treaty  engagements  with  the  United 
States. 

Govt.  u.  S .— 23  353 


354  THE  FEDERAL  JUDICIARY 

The  Judicial  Power  of  the  United  States. — The  fram- 
ers  of  the  Constitution  decided  that  the  jurisdiction  of 
the  national  courts  should  be  restricted  to  questions  of 
national  interest  and  to  those  involving  the  peace  and 
tranquillity  of  the  Union,  such  as  disputes  between  the 
states  themselves  and  between  citizens  of  different  states, 
and  that  the  jurisdiction  of  all  other  controversies  should 
be  left  to  the  determination  of  the  courts  of  the  several 
states.  The  jurisdiction  of  the  federal  courts,  therefore, 
was  made  to  include  all  cases  whether  of  law  or  equity 
arising  under  the  national  Constitution,  the  laws  of  the 
United  States,  and  all  treaties  made  under  their  authority; 
all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls;  all  cases  of  admiralty  and  maritime  jurisdiction; 
all  controversies  to  which  the  United  States  is  a  party; 
all  controversies  between  two  or  more  states;  and  between 
a  state,  or  the  citizens  thereof,  and  foreign  states  or  citi- 
zens or  subjects  thereof.1 

The  wisdom  and  propriety  of  giving  the  federal  courts 
jurisdiction  over  all  such  cases  are  obvious,  since  they 
involve  either  national,  interstate,  or  international  ques- 
tions. Manifestly,  the  state  courts  could  not  properly 
be  left  to  determine  finally  controversies  involving  the 

1  In  two  classes  of  these  cases,  namely,  those  in  which  ambassadors, 
other  public  ministers,  and  consuls  are  parties  and  those  in  which  a 
state  is  a  party,  the  Supreme  Court  has  original  jurisdiction,  that 
is,  the  right  to  hear  and  determine  the  case  in  the  first  instance. 
But  that  does  not  mean  that  the  Supreme  Court  has  exclusive  juris- 
diction in  such  cases.  Other  federal  courts  may  try  such  cases,  and  as 
a  matter  of  fact  few  original  suits  have  ever  been  brought  in  the 
Supreme  Court.  In  the  other  classes  of  cases  mentioned,  the  Supreme 
Court  has  appellate  jurisdiction  (with  such  exceptions  as  Congress 
may  make),  that  is,  such  cases  must  be  commenced  in  the  lower  courts, 
from  which  they  may  be  taken  on  appeal  to  the  Supreme  Court. 


THE  JUDICIAL  POWER  OF  THE  UNITED  STATES       355 

meaning  or  the  application  of  provisions  of  the  federal  Con- 
stitution, laws,  or  treaties,  since  in  that  case  they  would 
not  be  what  they  are  declared  to  be,  namely,  the  supreme 
law  of  the  land.  Conflicting  decisions  would  be  rendered 
by  the  courts  of  different  states,  and  in  case  of  inconsist- 
ency between  state  constitutions  and  laws  on  the  one 
hand  and  the  federal  Constitution,  laws,  and  treaties  on 
the  other,  the  state  courts  would  be  under  the  temptation 
to  uphold  the  validity  of  the  former. 

The  Eleventh  Amendment.— -As  originally  adopted,  the 
Constitution  permitted  suits  to  be  brought,  in  the  federal 
courts  against  a  state  by  citizens  of  another  state  or  by 
citizens  of  foreign  countries,  and  when  a  suit  brought 
against  the  state  of  Georgia  in  1793  by  a  citizen  of  South 
Carolina  named  Chisholm  for  the  recovery  of  a  debt  was 
actually  entertained  by  the  Supreme  Court,  widespread 
popular  indignation  followed  the  decision.  The  authorities 
of  Georgia  felt  that  it  was  derogatory  to  the  dignity  of  a 
sovereign  state  that  it  should  be  made  the  defendant  in  a 
suit  brought  by  a  private  individual,  and  a  demand  was 
made  that  the  Constitution  be  amended  so  as  to  prevent 
such  "suits"  in  the  future.  As  a  result  of  this  demand,  the 
Eleventh  Amendment  was  adopted  in  1798  which  declared 
that  the  judicial  power  of  the  United  States  should  not  be 
construed  to  extend  to  suits  brought  against  a  state  by 
citizens  of  another  state  or  of  a  foreign  country.  Neverthe- 
less while  a  state  cannot  be  made  a  defendant  in  a  federal 
court  at  the  instance  of  a  private  individual  of  another 
state,  the  federal  courts  may  entertain  jurisdiction  of  suits 
between  a  state  and  a  citizen  of  another  state  provided  the 
state  is  the  plaintiff. 

How  Cases  "Arise" — A  case  "arises"  under  the  Con- 
stitution, laws,  or  treaties  whenever  a  suit  is  filed  involving 


356  THE  FEDERAL  JUDICIARY 

a  right  or  privilege  thereunder.  Until  a  case  "arises,"  that 
is,  until  it  comes  before  the  courts  in  due  form,  they  will 
take  no  notice  of  it.  When  President  Washington  in  1793 
sought  the  opinion  of  the  Supreme  Court  on  certain  points 
involving  our  obligations  to  France  under  the  treaty  of 
alliance  of  1778  it  declined  to  answer  his  question,  holding 
that  it  could  give  opinions  only  in  cases  properly  brought 
before  it. 

The  Regular  Federal  Courts. — The  Constitution  de- 
clares that  the  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court  and  in  such  inferior  courts 
as  Congress  may  from  time  to  time  ordain  and  establish. 
The  Supreme  Court,  therefore,  is  the  only  federal  tribunal 
which  owes  its  existence  to  the  Constitution,  the  others 
being  created  by  statute.  Even  as  to  the  Supreme  Court 
Congress  has  considerable  power  of  control,  since  it  de- 
termines the  number  of  judges  of  which  it  shall  be  composed, 
and  the  amount  of  their  compensation.  But  it  cannot  re- 
move any  judge  except  upon  impeachment,  or  reduce  his 
compensation  after  he  has  once  been  appointed. 

The  Supreme  Court  is  at  present  composed  of  one  Chief 
Justice  and  eight  associate  justices.  It  holds  its  sessions  in 
the  city  of  Washington  from  October  to  May  of  each  year. 
Practically  all  the  cases  which  it  hears  are  those  appealed 
from  the  lower  courts.  When  a  case  has  been  argued,  the 
court  holds  a  consultation  at  which  the  points  involved  are 
considered  and  a  decision  is  reached.  The  Chief  Justice 
then  requests  one  of  his  associates  to  prepare  the  opinion 
of  the  court,  or  he  may  prepare  it  himself,  after  which  it  is 
scrutinized  by  the  court  at  a  second  conference  and  ap- 
proved. Any  member  of  the  court  who  disagrees  with  the 
majority  may  file  a  dissenting  opinion,  a  right  frequently 
taken  advantage  of.  The  concurrence  of  at  least  five  of 


THE  REGULAR  FEDERAL  COURTS         357 

the  nine  judges  is  necessary  to  the  validity  of  a  decision, 
and  as  a  matter  of  fact,  many  important  decisions  have 
been  rendered  in  recent  years  by  a  bare  majority  of  the 
court.  The  opinions  rendered  are  published  as  the  United 
States  Reports,  of  which  there  are  now  more  than  200  vol- 
umes. They  constitute  the  great  authoritative  source  of 
the  constitutional  law  of  the  United  States,  are  studied  by 
lawyers  and  judges,  and  are  relied  upon  by  the  courts  as 
precedents  for  the  decisions  of  future  cases  involving  sim- 
ilar points  of  law.1  There  is  a  reporter  who  arranges  and 
publishes  the  opinions,  a  clerk  who  keeps  the  records,  and 
a  marshal  who  attends  the  court,  preserves  decorum,  and 
enforces  its  orders. 

The  Circuit  Courts  of  Appeals. — Next  below  the  Supreme 
Court  are  the  circuit  courts  of  appeals,  nine  in  all — one  for 
each  of  the  judicial  circuits  into  which  the  country  is  di- 
vided.2 These  courts  were  created  by  act  of  Congress 
in  1891  to  relieve  the  Supreme  Court  from  an  accumulation 
of  business  that  rendered  the  prompt  decisions  of  cases 

1  The  justices  of  the  Supreme  Court  wear  black  silk  gowns  when 
holding  court.    The  Chief  Justice  sits  in  the  middle  of  a  row  of  chairs, 
his  associates  being  arranged  on  his  right  and  left  in  the  order  of 
seniority  of  service. 

2  The  first  circuit  embraces  Maine,  Massachusetts,  New  Hampshire, 
and  Rhode  Island;  the  second,  Connecticut,  New  York,  and  Vermont; 
the  third,  Delaware,  New  Jersey,  and  Pennsylvania;  the  fourth, 
Maryland,   North   Carolina,   South   Carolina,   Virginia,   and  West 
Virginia;  the  fifth,  Alabama,  Florida,  Georgia,  Louisiana,  Mississippi, 
and  Texas;  the  sixth  Kentucky,  Michigan,  Ohio,  and  Tennessee; 
the  seventh,  Illinois,  Indiana,  and  Wisconsin;  the  eighth,  Arkansas, 
Colorado,  Oklahoma,  Iowa,  Kansas,  Minnesota,  Missouri,  Nebraska, 
New  Mexico,  North  Dakota,  South  Dakota,  Utah,  and  Wyoming; 
the  ninth,  Alaska,  Arizona,  California,  Idaho,  Montana,  Nevada, 
Oregon,  Washington,  and  Hawaii. 


358  THE  FEDERAL  JUDICIARY 

impossible,  the  docket  of  the  court  having  become  so 
overcrowded  that  it  was  about  three  years  behind  with  its 
business.  The  act  creating  the  circuit  courts  of  appeals, 
however,  did  not  provide  an  additional  class  of  judges  to  hold 
these  courts,  but  enacted  that  each  of  them  should  be  held 
by  three  judges  assigned  for  the  purpose  from  among  the 
judges  of  the  circuit.  The  judges  of  each  circuit  include 
one  justice  of  the  Supreme  Court  assigned  to  the  circuit, 
two  or  more  circuit  judges  appointed  for  the  circuit,  and 
a  considerable  number  of  district  judges,  each  appointed 
for  a  district  in  the  circuit.  Most  circuit  courts  of  appeals 
are  held  by  three  circuit  judges;  but  occasionally  by  two 
circuit  judges  together  with  a  district  judge  or  the  Supreme 
Court  justice.  The  circuit  courts  of  appeals  have  only  ap- 
pellate jurisdiction,  that  is,  they  hear  and  determine  only 
cases  appealed  from  the  lower  courts,  and  their  decisions 
are  final  in  most  cases.  This  relieves  the  Supreme  Court 
of  all  but  the  most  important  cases,  and  enables  it  to  give 
more  attention  to  the  cases  before  it  and  to  dispatch  its  bus- 
iness more  promptly. 

Former  Circuit  Courts. — Prior  to  1911  next  below  the 
circuit  courts  of  appeals  were  the  circuit  courts,  which  were 
held  in  the  different  districts  within  the  circuit,  either  by  a 
circuit  judge  or  by  the  justice  of  the  Supreme  Court  as- 
signed to  the  circuit,  or  by  a  district  judge,  or  by  the  three, 
or  any  two  of  them,  sitting  together.  In  1911  the  circuit 
courts  were  abolished  and  their  jurisdiction  conferred  on  the 
district  courts.  The  circuit  judges,  however,  were  retained 
and  will  henceforth  sit  in  the  circuit  courts  of  appeal. 

The  District  Courts. — The  lowest  grade  of  federal  court 
is  the  district  court,  held  in  each  of  the  districts  (about 
eighty)  into  which  the  country  is  divided.  In  some  cases 
a  state  constitutes  one  district;  in  other  c>ses  a  state  is  di- 


THE  REGULAR  FEDERAL  COURTS         359 

vided  into  two,  three,  four,  or  five  districts.  Usually  there 
is  one  judge  for  each  district,  though  in  a  few  cases  there 
are  several  judges  for  a  single  district,  each  holding  court 
separately. 

The  jurisdiction  of  the  district  court  embraces  civil  and 
criminal  cases  under  the  laws  of  the  United  States — such 
as  suits  for  the  infringement  of  patents  and  copyrights, 
admiralty  cases,  bankruptcy  proceedings,  revenue  cases; 
and  offenses  against  the  United  States  revenue  laws,  laws 
against  counterfeiting,  the  public  land  laws,  the  pure  food 
laws,  the  postal  laws,  and  the  interstate  commerce  laws. 
Controversies  between  citizens  of  different  states  may  also 
be  brought  to  this  court.1 

In  most  cases  appeals  may  be  taken  from  the  decisions 
of  the  district  courts  to  the  circuit  courts  of  appeals  or  to 
the  Supreme  Court. 

Federal  Attorneys,  Marshals,  and  Clerks. — In  each  of  the 
federal  judicial  districts,  there  is  a  United  States  attorney 
who  prosecutes  violations  of  the  federal  laws  in  his  district. 
There  is  also  in  each  district  a  United  States  marshal  who 
bears  somewhat  the  same  relation  to  the  federal  court  that 
a  sheriff  does  to  a  state  court.  He  executes  the  processes 
of  the  court,  arrests  offenders,  and  performs  other  minis- 
terial functions  for  the  court.  In  each  district  there  is  a 
clerk  who  has  custody  of  the  seal  of  the  court  and  keeps  a 
record  of  its  proceedings,  orders,  judgments,  etc.  The 
marshal  and  attorney  are  appointed  by  the  President,  but 
the  clerk  is  chosen  by  the  court  itself. 

1  Such  suits  may  also  be  brought  in  the  state  courts  but  may  at 
the  option  of  the  defendant  be  transferred  to  a  federal  court  for 
trial.  Many  lawyers  prefer  to  bring  their  suits  in  the  state  courts 
even  when  they  have  the  privilege  of  suing  in  the  federal  courts,  be- 
cause of  their  greater  familiarity  with  the  procedure  of  these  courts. 


360  THE  FEDERAL  JUDICIARY 

In  each  district,  also,  the  court  appoints  a  number  of 
United  States  commissioners  who  are  empowered  to  issue 
warrants  for  arrest,  take  bail,  determine  whether  accused 
persons  shall  be  held  for  trial,  and  perform  other  duties 
somewhat  similar  to  those  discharged  by  justices  of  the 
peace  under  the  judicial  system  of  the  state. 

The  Regular  Federal  Judges. — Appointment. — All  federal 
judges  are  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate.  The  judges  of  most  of  the 
states,  as  we  have  seen,  are  now  chosen  by  popular  election, 
but  that  method  did  not  commend  itself  to  the  framers  of 
the  federal  Constitution.  The  existing  method  of  appoint- 
ing federal  judges  has  given  general  satisfaction,  and  with 
remarkably  few  exceptions,  the  persons  appointed  to  the 
federal  bench  have  been  men  of  integrity  and  fitness.1 

The  term  for  which  all  the  regular  federal  judges  are  ap- 
pointed is  good  behavior.  This  is  virtually  for  life,  since 
they  cannot  be  removed  except  by  impeachment.2  All 
other  officers  of  the  United  States  are  appointed  for  definite 
terms,  usually  for  four  years.  Except  in  a  few  states,  the 
state  judges  are  elected  for  definite  terms  ranging  from  two 
years  to  twenty-one  years  (p.  113).  The  framers  of  the 
federal  Constitution,  however,  were  deeply  impressed  with 
the  advantages  of  a  judiciary  possessing  the  qualities  of 
permanency  and  independence,  and  they  wisely  provided 
that  the  judges  should  hold  their  offices  so  long  as  their  of- 
ficial conduct  was  above  reproach. 

Compensation. — The  Constitution  declares  that  the  judges 
shall  receive  at  stated  times  a  compensation  for  their  serv- 
ices which  shall  not  be  diminished  during  their  continuance 

1  For  a  description  of  the  comparative  merits  of  the  various  methods 
of  selecting  judges,  see  pp.  113-114. 

2  For  a  list  of  federal  judges  who  have  been  impeached  see  p.  194. 


THE  REGULAR  FEDERAL  JUDGES         361 

in  office.  As  we  have  seen,  the  compensation  of  the  Presi- 
dent can  neither  be  increased  nor  diminished  during  the 
time  for  which  he  is  elected,  but  the  prohibition  in  the  case 
of  the  judges  applies  only  to  a  reduction  of  their  salaries. 
Increases  are  permitted  to  be  made  at  any  time.  The  com- 
pensation now  allowed  the  chief  justice  of  the  Supreme 
Court  is  $15,000  a  year,  and  the  associate  justices  $14,500, 
amounts  which  are  low  in  comparison  with  the  salaries 
of  the  highest  English  judges,  who  receive  $25,000  a  year. 
The  circuit  judges  receive  $8,500  a  year,  and  the  district 
judges  $7,500. 

Any  judge  of  a  United  States  court  having  held  his  com- 
mission ten  years  and  having  attained  the  age  of  seventy 
years,  may  retire  from  the  bench  and  receive  the  same  sal- 
ary during  the  rest  of  his  life  that  was  payable  to  him  at 
the  time  of  his  resignation.  Few  judges  do  retire,  however. 

Power  of  the  Supreme  Court  to  Declare  Laws  Uncon- 
stitutional.— An  important  power  of  the  Supreme  Court 
for  which  there  is  no  direct  authority  in  the  Constitution, 
is  that  of  declaring  acts  of  Congress  which  are  in  conflict 
with  the  Constitution,  null  and  void  and  of  no  effect.  This 
power  was  first  exercised  by  the  Supreme  Court  in  1801  in 
the  famous  case  of  Marbury  v.  Madison.  Congress  had 
passed  an  act  giving  the  Supreme  Court  original  jurisdic- 
tion in  certain  cases  where  the  Constitution  says  it  should 
have  appellate  jurisdiction,  and  when  the  act  came  before 
the  court  for  enforcement  it  declined  to  be  bound  by  it.  The 
great  chief  justice,  John  Marshall,  wrote  the  opinion  of  the 
court  which  held  the  act  of  Congress  null  and  void.  His 
argument,  in  brief,  was  that  the  Constitution  is  the  supreme 
law  of  the  land  and  the  judges  are  bound  to  give  effect  to  it. 
When,  therefore,  the  court  is  called  upon  to  give  effect  to  a 
law  of  Congress  which  is  clearly  in  conflict  with  the  higher 


362  THE  FEDERAL  JUDICIARY 

law  of  the  Constitution,  it  must  give  the  preference  to  the 
latter,  otherwise  the  declaration  in  favor  of  the  supremacy 
of  the  Constitution  would  have  no  meaning.  Down  to 
1913  the  Supreme  Court  had  declared  thirty- three  acts  of 
Congress,  or  parts  of  such  acts,  unconstitutional. 

Power  to  Declare  State  Laws  Unconstitutional. — Laws 
passed  by  the  state  legislatures,  ordinances  of  municipal 
councils,  and  even  the  provisions  of  state  constitutions 
themselves  may  be  declared  null  and  void  by  the  Supreme 
Court  in  case  they  are  in  conflict  with  the  national  Consti- 
tution or  the  laws  and  treaties  made  in  pursuance  thereof. 
It  has  already  been  pointed  out  that  appeals  may  be 
taken  to  the  federal  Supreme  Court  from  the  highest 
courts  of  a  state  whenever  a  right,  title,  or  privilege  under 
the  federal  Constitution  is  involved  and  the  state  court  has 
decided  against  the  right  or  privilege  claimed.  Thus  where 
one  is  prosecuted  and  convicted  under  a  state  law  or  provi- 
sion of  a  state  Constitution  which  he  claims  is  contrary  to 
some  provision  in  the  federal  Constitution  or  laws,  he  has 
a  right  to  appeal  to  the  United  States  Supreme  Court  and 
have  the  question  of  the  constitutionality  of  the  state  law 
finally  determined  there.  This  is  a  necessary  consequence 
of  the  supremacy  of  the  federal  Constitution  and  laws  over 
those  of  the  states.  More  than  200  acts  of  state  legislatures 
have  been  pronounced  null  and  void  by  the  United  States 
Supreme  Court.1 

Sometimes  inferior  federal  courts  declare  acts  of  Congress 
and  of  the  state  legislatures  to  be  unconstitutional,  but  in 
all  such  cases  an  appeal  may  be  taken  to  the  Supreme  Court 
for  final  review. 

Special  Courts  of  the  United  States. — In  addition  to 
the  three  classes  of  United  States  courts,  already  described, 
1  Baldwin,  "  The  American  Judiciary,"  p.  106. 


SPECIAL  COURTS  OF  THE  UNITED  STATES  363 

several  tribunals  of  a  special  or  temporary  character  have 
been  created  to  hear  and  determine  particular  classes  of 
controversies.  Some  of  these  courts  are  held  by  judges  who 
are  appointed  for  definite  terms. 

The  Court  of  Claims  was  created  in  1855  to  pass  upon 
claims  against  the  government.  It  consists  of  a  chief  justice 
and  four  associate  justices  who  serve  during  good  behavior. 
It  is  a  well-established  principle  of  public  law  that  a  sover- 
eign state  cannot  be  sued  against  its  will.  Before  the  crea- 
tion of  this  court  claims  against  the  government  had  to  be 
considered  by  Congress,  a  body  which  aside  from  being  ill 
fitted  for  the  hearing  of  such  cases,  was  overburdened  by  the 
necessity  of  considering  the  large  number  of  claims  annually 
laid  before  it.  The  government  now  allows  itself  to  be  sued 
in  this  court  on  most  claims  of  a  contractual  nature,  but 
the  judgments  of  the  court  cannot  be  paid  until  Congress 
appropriates  the  money  for  their  payment,  and  hence  the 
court  cannot  issue  an  execution  to  enforce  its  findings.  At 
each  session  of  Congress,  an  appropriation  is  made  to  sat- 
isfy any  judgments  made  or  which  may  be  made  by  the 
court.  Appeals  'are  allowed  to  be  taken  from  the  court  of 
claims  to  the  Supreme  Court  on  questions  of  law.  Among 
the  more  important  classes  of  claims  that  have  been  adjudi- 
cated by  this  court  were  the  French  Spoliation  claims,  and 
Indian  depredation  claims,  both  involving  numerous  claims 
and  very  large  amounts  in  the  aggregate. 

In  1906  a  United  States  court  was  established  in  China 
to  exercise  jurisdiction  in  certain  cases  previously  exercised 
by  the  consuls.  It  is  held  by  a  single  judge  appointed  by 
the  President  for  a  term  of  four  years. 

The  tariff  law  of  1909  created  a  United  States  Court  of 
Customs  Appeals,  consisting  of  a  presiding  judge  and  four 
associates,  to  hear  appeals  from  the  board  of  general  ap- 


364  THE  FEDERAL  JUDICIARY 

praisers  in  cases  involving  the  construction  of  the  law  and 
facts  respecting  the  classification  of  imported  articles  and 
the  rate  of  duty  imposed  thereon. 

In  1910  a,  Commerce  Court  was  created,  to  decide  appeals 
from  the  orders  of  the  Interstate  Commerce  Commission ; 
but  in  1913  this  court  was  abolished. 

In  the  District  of  Columbia  Congress  has  created  two 
courts,  with  judges  appointed  to  hold  office  during  good 
behavior:  the  supreme  court  of  the  district,  consisting  of 
a  chief  justice  and  five  associate  justices;  and  the  court 
of  appeals,  consisting  of  a  chief  justice  and  two  associate 
justices.  Appeals  may  be  taken  from  the  former  to  the 
latter,  whose  decisions  in  some  cases  are  reversible  by  the 
Supreme  Court  of  the  United  States.  Appeals  may  also 
be  taken  from  the  decisions  of  the  commissioner  of  patents 
to  the  court  of  appeals  of  the  District  of  Columbia. 

In  each  of  the  territories  there  are  supreme  and  district 
courts  established  by  Congress  in  pursuance  of  its  power  to 
provide  for  the  government  of  the  territories,  but  they  are 
not  considered  as  a  part  of  the  judicial  system  of  the  United 
States,  although  the  judges  are  appointed  by  the  President.1 

Constitutional  Protections  in  the  Federal  Courts. — The 
Constitution  contains  a  number  of  provisions  intended  to 
protect  accused  persons  against  unauthorized  prosecutions 
in  the  federal  courts,  as  well  as  against  arbitrary  procedure 

1  In  most  of  the  countries  of  continental  Europe  there  is  a  special 
class  of  tribunals  called  "administrative  courts"  to  decide  contro- 
versies between  private  individuals  and  the  public  authorities.  There 
are  no  such  courts  in  the  United  States,  although  the  customs  court, 
the  court  of  claims,  and  the  interstate  commerce  commission  bear  some 
resemblance  to  an  administrative  court.  Many  "  administrative  " 
questions  are  decided  by  such  officials  as  the  secretary  of  the  treasury, 
the  commissioner  of  immigration,  and  the  commissioner  of  patents. 


CONSTITUTIONAL  PROTECTIONS  365 

in  the  course  of  the  trial.  As  the  Constitution  originally 
stood,  it  contained  few  provisions  of  this  kind;  and  this  fact 
constituted  one  of  the  most  serious  objections  urged  against 
the  ratification  of  that  instrument.  In  consequence  of  this 
the  first  ten  Amendments  were  adopted  in  1790,  and  of  these 
no  less  than  five  relate  to  the  rights  of  accused  persons  on 
trial  in  the  federal  courts. 

Most  important  of  all,  perhaps,  the  Sixth  Amendment  de- 
clares that  in  criminal  prosecutions  (in  the  federal  courts) 
the  accused  shall  enjoy  the  right  to  a  speedy  and  public 
trial,  by  an  impartial  jury  of  the  state  and  district  wherein 
the  crime  shall  have  been  committed;  that  he  shall  be  in- 
formed of  the  nature  and  cause  of  the  accusation;  that  he 
shall  have  the  right  to  be  confronted  by  the  witnesses  against 
him;  that  he  shall  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  that  he  shall  have  the  assistance 
of  counsel  for  his  defense.1 

The  Fifth  Amendment  protects  the  accused  from  prose- 
cution in  capital  cases  or  cases  involving  infamous  crime  ex- 
cept upon  indictment  by  a  grand  jury.  Some  of  the  states, 
as  we  have  seen,  have  abolished  the  grand  jury,  and 
provided  for  prosecutions  in  their  courts  without  the  inter- 
vention of  such  an  agency,  but  no  person  may  be  prosecuted 
in  a  federal  court  for  a  serious  crime  until  he  has  been  held 
for  trial  by  a  grand  jury.  The  same  amendment  also  for- 
bids the  trial  of  a  person  a  second  time  for  the  same  offense, 
if  he  was  acquitted  on  the  first  trial;  declares  that  he  shall 
not  be  compelled  to  testify  against  himself;  that  he  shall 
not  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law;  and  that  private  property  shall  not  be 
taken  for  public  use  without  just  compensation. 

1  The  purpose  and  meaning  of  these  guarantees  are  discussed  in 
chapter  vi,  pp.  118-119. 


366  THE  FEDERAL  JUDICIARY 

The  Fovrth  Amendment  declares  among  other  things  that 
no  warrant  for  arrest  (by  the  federal  authorities)  shall  be 
issued  except  upon  probable  cause,  supported  by  oath  or 
affirmation  and  particularly  describing  the  person  to  be 
seized.  This  provision  is  designed  to  prevent  arbitrary  ar- 
rests of  persons  on  mere  suspicion.  It  prohibits  general 
search  warrants  such  as  were  commonly  used  by  the  British 
authorities  in  the  colonies  prior  to  the  outbreak  of  the 
Revolution  and  which  were  popularly  known  as  "writs  of 
assistance."  Such  warrants  did  not  mention  the  name  of 
the  person  to  be  arrested  but  permitted  the  officer  to  insert 
any  name  in  the  warrant  and  arrest  whomsoever  he  might 
choose. 

The  Eighth  Amendment  declares  that  excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishment  inflicted.  The  purpose  of  the  first  pro- 
vision is  discussed  on  p.  119.  The  purpose  of  the  other 
two  prohibitions  is  to  prevent  the  old  severities  of  the  penal 
code  that  were  common  two  hundred  years  ago. 

Treason. — Among  the  crimes  in  the  prosecution  of  which 
judges  were  frequently  arbitrary  and  which  were  punished 
with  undue  severity,  was  that  of  treason.  Treason  has  al- 
ways been  regarded  as  the  highest  crime  known  to  society, 
because  it  seeks  the  overthrow  or  destruction  of  the  gov- 
ernment itself.  In  earlier  times,  judges  frequently  con- 
strued offenses  to  be  treasonable  which  were  not  declared 
so  by  the  laws.  This  was  known  as  constructive  treason.  To 
prevent  them  from  construing  the  existence  of  treason 
where  it  really  did  not  exist,  parliament  therefore  passed  a 
statute  during  the  reign  of  Edward  III  defining  the  offense 
with  more  or  less  precision,  and  this  definition  in  substance 
was  incorporated  in  the  Constitution  of  the  United  States. 
This  provision  declares  that  treason  against  the  United 


CONSTITUTIONAL  PROTECTIONS  367 

States  shall  consist  only  in  levying  war  against  them  or  in  ad- 
hering to  their  enemies,  giving  them  aid  and  comfort.  The 
Supreme  Court  in  interpreting  this  provision  has  ruled  that 
in  order  to  constitute  treason  there  must  be  an  actual  levy- 
ing of  war  or  an  assembling  of  persons  for  the  purpose  of 
making  war;  that  a  mere  conspiracy  to  subvert  the  govern- 
ment by  force  is  not  treason,  but  after  the  war  has  once  be- 
gun, all  those  who  perform  any  part,  however  minute  or  re- 
mote, or  who  give  aid  and  comfort  to  the  enemy,  are  traitors 
and  as  such  are  liable  to  the  penalties  of  treason.  To  pro- 
tect persons  accused  of  treason  against  conviction  upon  the 
testimony  of  a  single  witness,  the  Constitution  requires  the 
testimony  of  two  witnesses  to  the  act,  or  confession  in  open 
court,  to  convict.  Congress  is  authorized  to  prescribe  the 
punishment  of  treason,  but  the  Constitution  declares  that 
no  attainder  of  treason  shall  work  corruption  of  blood  or 
forfeiture,  except  during  the  life  of  the  person  attainted. 
Under  the  old  law,  a  person  convicted  of  treason  was  not 
only  put  to  death  in  a  barbarous  manner,  but  his  blood  was 
considered  as  "corrupted"  or  "  attain  ted,"  so  that  as  a  mat- 
ter of  course,  without  any  decree  of  the  court  to  that  effect, 
his  children  could  not  inherit  property  or  titles  through  him. 
Thus  the  innocent  offspring  of  the  traitor  were  punished 
for  the  offense  of  the  parent.  The  provision  of  our  Consti- 
tution places  the  punishment  on  the  offender  alone. 

References. — ANDREWS,  Manual  of  the  Constitution,  pp.  201-223. 
BALDWIN,  The  American  Judiciary,  ch.  ix.  BEARD,  American  Govern- 
ment and  Politics,  ch.  xv.  BRYCE,  The  American  Commonwealth 
(abridged  edition),  chs.  xxi-xxii.  HARRISON,  This  Country  of  Ours, 
chs.  xx-xxi.  HART,  Actual  Government,  ch.  xvii. 

Documentary  and  Illustrative  Material. — i.  The  Congressional  Di- 
rectory, which  contains  a  list  of  the  higher  judges  and  the  judicial  dis- 
tricts. 2.  Specimen  copies  of  decisions  of  the  Supreme  Court.  These 
may  be  obtained  from  the  clerk  of  the  Supreme  Court  at  Washington. 


368  THE  FEDERAL  JUDICIARY 

RESEARCH  QUESTIONS 

1.  -Name  the  Chief  Justices  of  the  United  States  Supreme  Court 
from  1789  to  the  present  time. 

2.  Name  the  present  members  of  the  Supreme  Court  and  give  the 
date  of  the  appointment  of  each.    (See  Congressional  Directory). 

3.  In  which  one  of  the  nine  judicial  circuits  of  the  United  States 
do  you  live?    Who  is  the  Supreme  Court  justice  assigned  to  the  cir- 
cuit?   Who  are  the  circuit  judges  of  the  circuit? 

4.  Who  is  the  United  States  district  judge  for  your  district?    At 
what  places  in  your  state  are  United  States  district  courts  held? 

5.  Who  is  the  United  States  attorney  for  your  district?   The  United 
States  marshal? 

6.  What  is  meant  by  the  terms  "constitutional"  and  "uncon- 
stitutional "  as  applied  to  an  act  of  Congress?   Do  you  think  the  courts 
should  be  allowed  to  declare  a  law  unconstitutional? 

7.  Do  you  think  it  is  a  wise  provision  which  allows  federal  judges 
to  serve  during  good  behavior? 

8.  It  has  been  proposed  by  a  well-known  public  man  that  federal 
judges  should  be  elected  by  the  peoplec    What  is  your  opinion  of  the 
proposition? 

9.  Do  you  think  the  present  salary  allowed  justices  of  the  Supreme 
Court  large  enough  to  attract  the  best  judicial  talent? 

10.  Do  you  think  the  Supreme  Court  is  ever  justified  in  reversing 
its  own  decisions,  or  should  it  stand  by  the  precedents? 

11.  What  is  the  meaning  of  the  term  obiter  dicta  as  applied  to  a 
judicial  opinion? 

12.  Do  you  think  it  is  a  wise  practice  for  judges  who  disagree  with 
the  majority  of  the  court  to  file  dissenting  opinions? 

13.  A  recent  President  took  occasion  to  criticize  publicly  a  federal 
judge  for  a  decision  which  he  rendered  in  a  "trust"  case.    Do  you 
think  judges  should  be  criticized  for  their  decisions? 

14.  Are  juries  ever  made  use  of  in  federal  courts?    If  so,  when? 

15.  Why  have  federal  judges  been  criticized  for  issuing  injunctions? 

16.  When  may  an  appeal  be  taken  from  a  state  court  to  a  federal 
court? 

17.  The  Supreme  Court  has  always  refused  to  decide  "political" 
controversies.    What  is  a  "political"  as  opposed  to  a  "legal"  con- 
troversy?   Give  examples. 


CHAPTER  XIX 

GOVERNMENT  OF  THE  TERRITORIES  AND  DEPENDENCIES 

Power  of  Congress  over  the  Territories. — The  Consti- 
tution expressly  confers  upon  Congress  the  power  to  dispose 
of  and  make  all  needful  rtiles  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United  States. 
In  dealing  with  the  territories  the  powers  of  Congress  are 
general  or  residuary  in  character,  whereas  when  it  legislates 
for  that  part  of  the  country  which  has  been  erected  into 
states,  its  powers  are  specifically  enumerated.  Congress, 
therefore,  may  establish  practically  any  form  of  government 
in  the  territories  that  it  chooses.  It  may,  if  it  wishes,  set  up 
therein  a  military  government  or  it  may  establish  civil 
government  with  such  limitations  and  exceptions  as  it  may 
wish.  In  the  latter  case  it  may  allow  the  inhabitants  a 
legislative  assembly  for  purposes  of  local  legislation,  or  Con- 
gress may  legislate  directly  for  them  itself.  And  in  case  it 
permits  the  inhabitants  to  have  a  legislative  assembly  of 
their  own  and  to  enact  their  own  laws,  Congress  may  veto 
or  modify  any  law  passed  by  such  legislature.  Indeed,  says 
the  Supreme  Court,  Congress  may  make  valid  an  invalid 
act  passed  by  a  territorial  legislature  as  well  as  declare  in- 
valid a  valid  act  passed  by  it. 

Does  the  Constitution  Extend  to  the  Territories  ? — A  subject 
much  discussed,  especially  at  the  time  of  the  acquisition  of 
Porto  Rico  and  the  Philippines,  was  whether  such  provisions 
Govt.  U.  S.— 24.  369 


370  GOVERNMENT  OF  THE  TERRITORIES,  ETC. 

of  the  Constitution  as  were  applicable  extended  of  their 
own  force  to  new  territories  immediately  upon  the  estab- 
lishment of  American  sovereignty  over  them;  that  is, 
whether  the  Constitution  "follows  the  flag"  or  whether  its 
provisions  apply  only  when  extended  by  act  of  Congress. 
One  party  asserted  that  such  provisions  go  wherever  the 
sovereignty  of  the  United  States  goes,  that  the  government 
cannot  be  carried  to  any  new  territory  unless  accompanied 
by  the  Constitution  from  which  it  derives  its  authority,  and 
that  Congress  has  no  power  to  withhold  such  provisions  as 
are  applicable.  The  other  party  maintained  that  the  Con- 
stitution was  established  only  for  the  people  of  the  United 
States;  that  whenever  new  territories  have  been  acquired, 
Congress  has  extended  such  provisions  as  it  saw  fit;  and 
that  Congress  is  unlimited  as  to  its  power  in  dealing  with 
the  inhabitants  of  such  territories.  The  Supreme  Court  in 
the  famous  Insular  Cases,  decided  in  1900  and  1901,  upheld 
the  latter  view  and  ruled  that  for  all  practical  purposes  the 
territories  of  the  United  States  are  completely  subject  to 
the  legislative  authority  of  Congress,  and  that  it  is  not  even 
restricted  by  those  provisions  of  the  Constitution  which 
were  adopted  for  the  protection  of  individual  liberty.  In 
practice  Congress  has  always  extended  to  the  domestic 
territories  such  provisions  of  the  Constitution  as  were  ap- 
plicable, thus  putting  the  inhabitants  upon  the  same  foot- 
ing as  those  of  the  states  so  far  as  the  enjoyment  of  civil 
rights  are  concerned,  but  not  as  to  political  rights.  So  far 
as  the  insular  territories  are  concerned,  it  has  also  extended 
most  of  the  provisions  relating  to  civil  rights,  though  in  the 
case  of  the  Philippines  a  few  safeguards  such  as  the  right 
of  indictment  by  grand  jury,  trial  by  jury,  and  the  right  to 
bear  arms  have  been  withheld. 
The  Origin  of  the  Territorial  System.— Before  the  Con- 


THE  ORIGIN  OF  THE  TERRITORIAL  SYSTEM          371 

stitution  was  adopted,  Congress  had  acquired  by  cession 
from  certain  of  the  original  states  a  vast  domain  of  territory 
north  of  the  Ohio  River,  and  later  it  acquired  a  considerable 
domain  lying  south  of  the  Ohio  (p.  159).  One  of  the  condi- 
tions upon  which  the  territory  north  of  the  Ohio  was  ceded, 
was  that  Congress  should  form  the  territory  into  distinct 
republican  states  which  should  be  admitted  to  the  Union  on 
an  equal  footing  with  the  old  states.  It  was  felt,  however, 
that  the  territory  in  question  should  be  put  through  a  sort 
of  preparatory  stage  before  being  erected  into  states;  that 
is,  it  should  be  held  in  a  state  of  dependency  until  the  popu- 
lation was  sufficiently  numerous  to  maintain  a  state  gov- 
ernment and  the  inhabitants  had  acquired  sufficient  politi- 
cal capacity  to  manage  their  own  public  affairs. 

The  Northwest  Territory. — By  the  famous  Ordinance  of 
1787,  as  reenacted  and  slightly  modified  two  years  later 
(after  the  adoption  of  the  Federal  Constitution),  Congress 
provided  a  scheme  of  government  for  the  northwest  ter- 
ritory which  was  in  force  for  many  years.  The  Ordinance 
provided  for  two  grades  of  government :  one  for  the  ter- 
ritory before  its  population  should  amount  to  5,000 
inhabitants;  the  other  for  the  territory  thereafter.  The 
principal  difference  was  that  in  the  former  case  the  terri- 
tory was  to  have  no  local  legislature  of  its  own,  while  in 
the  latter  it  was  to  have  a  legislative  assembly.  The 
scheme  of  government  provided  in  the  beginning  consisted 
of  a  governor,  a  secretary,  and  three  judges,  appointed  by 
the  President.  Although  no  legislature  was  provided, 
the  governor,  secretary,  and  judges  were  empowered,  not 
tc  make  new  laws,  but  to  select  such  laws  from  the 
statutes  of  the  old  states  as  were  suitable. 

When  the  population  had  reached  5,000  inhabitants,  the 
territory  was  given  the  second  grade  form  of  government, 


372  GOVERNMENT  OF  THE  TERRITORIES,  ETC. 

that  is,  it  was  allowed  a  local  legislature,  the  lower  house  of 
which  was  elected  by  the  inhabitants  on  the  basis  of  a  re- 
stricted suffrage,  the  upper  house  or  council  to  be  appointed 
by  the  President  from  a  list  nominated  by  the  lower  house. 
The  territory  was  now  allowed  to  send  a  delegate  to  Con- 
gress with  a  right  to  a  seat  in  that  body,  but  no  right  to 
vote. 

The  scheme  of  government  thus  provided  for  the  north- 
west territory  became  the  model  for  the  later  territorial 
governments.  It  was  introduced  into  the  southwest  terri- 
tory and  later  to  the  territory  acquired  west  of  the  Missis- 
sippi River. 

The  Organized  Territories :  Hawaii  and  Alaska.  — 
The  territories  and  dependencies  of  the  United  States 
may  be  grouped  into  two  classes :  the  organized  and  the 
unorganized.  A  territory  of  the  first  class  is  said  to  be 
"  organized  "  because  it  has  its  own  local  legislature,  both 
houses  of  which  are  elected.  At  present  the  only  terri- 
tories of  this  class  fully  included  as  parts  of  the  United  States 
are  Hawaii1  and  Alaska,2  but  since  most  of  the  states  were 
organized  territories  before  being  admitted  to  the  Union, 

1  The  Hawaiian  Islands  were  annexed  to  the  United  States  in  July, 
1898,  by  a  joint  resolution  of  Congress  after  a  treaty  of  annexation 
had  been  rejected  by  the  senate.    The  senate  of  Hawaii  is  composed  of 
fifteen  members,  the  house  of  thirty;  ability  to  speak,  read,  and  write 
the  English  or  Hawaiian  language  is  required  of  voters;  the  governor 
may  veto  special  items  in  appropriation  bills;  and  in  case  the  legis- 
lature fails  t§  pass  appropriation  bills  to  pay  the  necessary  expenses 
for  carrying  on  the  government  and  meeting  its  obligations,  the 
treasurer  may,  with  the  approval  of  the  governor,  make  such  pay- 
ments, for  which  purpose  the  sums  appropriated  in  the  last  appropria- 
tion bills  shall  be  deemed  to  have  been  reappropriated ;  the  purpose 
being  to  prevent  the  legislature  from  causing  deadlocks. 

2  For  Porto  Rico  and  the  Philippines,  see  pages  374-379. 


GOVERNMENT  OF  FULLY  ORGANIZED  TERRITORIES     373 

this  kind  of  government  is  of  more  than  ordinary  interest 
to  the  student  of  civics. 

Executive. — In  a  fully  organized  territory  there  is  a 
governor  who  is  appointed  by  the  President  with  the  con- 
sent of  the  senate  for  a  term  of  four  years,  and  who  enjoys 
the  usual  powers  of  a  state  executive.  The  appointment 
is  usually  made  from  the  residents  of  the  territory,  though 
in  a  few  cases  outsiders  have  been  appointed.  There  is 
also  a  secretary  who  keeps  the  records  of  the  territory,  com- 
piles and  publishes  the  acts  of  the  legislature,  and  serves 
as  governor  during  the  absence  or  disability  of  the  latter 
official.  Other  administrative  officers  of  the  territory  are 
the  attorney-general,  treasurer,  commissioner  of  public 
lands,  superintendent  of  public  education,  surveyor,  and 
auditor. 

The  Legislature  is  composed  of  two  houses,  both  of  which 
are  popularly  elected.  Regular  sessions  of  the  legislature 
are  held  every  two  years  and  are  limited  to  sixty  days, 
though  the  governor  may  call  extraordinary  sessions  with 
the  approval  of  the  President  of  the  United  States. 

The  territorial  legislature  is  empowered  to  enact  laws  in 
respect  to  all  rightful  subjects  of  legislation  not  inconsistent 
with  the  laws  and  Constitution  of  the  United  States.  Con- 
gress, however,  has  from  time  to  time  imposed  various  limi- 
tations upon  the  power  of  the  territorial  legislatures,  and 
has  shown  a  tendency  to  increase  the  restrictions,  especially 
/h  regard  to  financial  matters.  Congress  may  veto  any 
act  of  a  territorial  legislature. 

Judiciary. — For  the  administration  of  justice,  a  fully 
organized  territory  has  a  supreme  court,  a  number  of  dis- 
trict courts,  and  such  inferior  courts  as  the  legislature  may 
create.  The  judges  of  the  higher  court  are  all  appointed 
by  the  President  of  the  United  States  for  a  term  of  four 


374         GOVERNMENT  OF  THE  TERRITORIES,  ETC. 

years.  The  territory  also  has  a  United  States  district  court, 
a  district  attorney,  and  a  marshal. 

Finally,  a  fully  organized  territory  is  given  a  limited 
representation  in  the  Congress  of  the  United  States  through 
a  delegate,  elected  by  the  people  of  the  territory  every  two 
years,  who  is  allowed  a  seat  in  the  house  of  representatives 
with  a  right  to  serve  on  committees  and  take  part  in  de- 
bate, but  not  to  vote. 

Alaska,  acquired  by  purchase  from  Russia  in  1867,  was  for 
seventeen  years  after  its  acquisition  administered  directly  by 
the  President  without  any  express  authority  from  Congress. 
In  1884,  however,  an  act  was  passed  providing  a  system  of 
civil  government  for  the  territory,  to  be  administered  by  a 
governor  appointed  by  the  President  for  a  term  of  four  years. 
The  general  laws  of  the  state  of  Oregon,  so  far  as  applicable, 
were  extended  to  the  territory.  In  1898  a  criminal  code 
was  provided  for  the  territory,  and  in  1900  a  complete  civil 
code  and  a  code  of  civil  procedure  were  enacted.  Finally,  in 
1912  Alaska  was  made  a  fully  organized  territory,  with  a 
legislative  assembly  consisting  of  a  senate  of  eight  members 
and  a  house  of  representatives  of  sixteen  members.  Acts 
can  be  passed  over  the  governor's  veto  by  vote  of  two-thirds 
of  the  members  of  each  house  of  the  legislative  assembly. 

The  Organized  Dependencies.  —  Porto  Rico  and  the 
Philippines,  acquired  from  Spain  in  1898,  were  formerly, 
and  are  now  to  a  certain  extent,  regarded  more  as  colonies 
than  as  territories,  although  they  are  governed  much  like 
a  territory.  For  many  years  they  were  classed  as  "  partly 
organized  "  because  in  their  legislatures  only  one  house 
was  elective.  They  now  have  legislatures  in  which 
both  houses  are  elective;  but  unlike  the  territories 
they  are  inhabited  by  a  foreign  race,  and  had  been  at 
the  time  of  their  cession  to  the  United  States  for  cen- 


PORTO  RICO  375 

turies  governed  by  an  entirely  different  system  of  laws  and 
administration  from  that  to  which  the  people  of  the  United 
States  were  accustomed. 

Porto  Rico. — By  an  act  of  Congress  in  1917,  the  supreme 
executive  power  of  the  island  is  vested  in  a  governor  ap- 
pointed by  the  President,  for  an  indefinite  term.  He  has 
the  usual  powers  of  a  territorial  governor.  There  are  six 
executive  departments,  namely,  justice,  finance,  interior, 
education,  agriculture,  and  health.  The  attorney-general 
and  the  commissioner  of  education  are  appointed  by  the 
President  for  a  term  of  four  years ;  the  heads  of  the  other 
four  departments  are  appointed  by  the  governor  for  the 
same  term.  The  department  heads  collectively  form  an 
executive  council  charged  with  the  performance  of  such 
duties  as  the  governor  may  prescribe. 

The  Legislature. — Formerly  the  legislature  was  composed 
of  an  upper  house,  known  as  the  council,  the  members  of 
which  were  appointed  by  the  President,  and  a  house  of 
delegates,  popularly  elected.  The  act  of  1917,  however, 
provided  for  a  legislature,  both  houses  of  which  are  elected 
by  the  voters.  The  upper  house  is  called  the  senate  and  is 
composed  of  nineteen  members,  elected  for  a  term  of  four 
years.  The  lower  chamber,  called  the  House  of  Repre- 
sentatives, consists  of  thirty-nine  members,  elected  for  a 
term  of  four  years.  The  legislature  is  required  to  meet 
biennially  and  the  governor  may  call  extraordinary  sessions. 
Laws  vetoed  by  the  governor  and  passed  over  his  veto  by  the 
legislature  must  be  transmitted  to  the  President  for  his  ap- 
proval or  disapproval.  All  acts  of  the  legislature  are  re- 
quired to  be  laid  before  Congress  which  may  annul  the  same. 
To  prevent  deadlocks  in  the  administration  of  the  govern- 
ment, as  several  times  happened  in  former  years,  the  law 
provides  that  whenever  the  appropriation  bills  for  the  sup- 


376          GOVERNMENT  OF  THE  TERRITORIES,   ETC. 

port  of  the  government  fail  of  passage  the  amount  appro- 
priated for  the  past  year  shall  be  considered  to  have  been 
appropriated  for  the  ensuing  fiscal  year. 

Suffrage  and  Citizenship. — Practically  all  citizens  over 
twenty-one  years  of  age  who  can  read  and  write  are  qualified 
voters.  Formerly  a  source  of  complaint  among  the  in- 
habitants was  that  they  were  denied  the  status  of  United 
States  citizenship.  They  were  designated  as  citizens  of 
Porto  Rico  and  were  entitled  to  be  protected  by  the  United 
States  and  were  eligible  to  receive  passports  for  travel 
abroad,  but  they  were  not  citizens  of  the  United  States.  The 
law  of  1917,  however,  removed  this  grievance  by  providing 
that  all  citizens  of  Porto  Rico  should  be  deemed  to  be  citi- 
zens of  the  United  States.  The  act  also  contains  an  elab- 
orate bill  of  rights  similar  to  those  in  the  state  constitutions. 

Judiciary. — The  elaborate  system  of  Spanish  courts  and 
the  Spanish  legal  system  generally  have  been  done  away 
with,  and  in  their  place  a  system  of  law  and  procedure  and 
a  judicial  system  modeled  upon  those  of  the  American 
states  have  been  substituted.  There  is  a  supreme  court 
consisting  of  five  judges  appointed  for  life  by  the  Presi- 
dent, and  of  these,  three  are  Porto  Ricans  and  two  Ameri- 
cans. Below  this  court  are  a  number  of  district  courts 
each  of  which  is  presided  over  by  one  judge  appointed  by 
the  governor  with  the  consent  of  the  council  for  a  term  of 
four  years.  There  are  also  twenty-four  municipal  courts, 
and  in  the  several  towns  there  are  courts  held  by  the  justices 
of  the  peace.  The  act  of  1917  provided  for  the  establish- 
ment of  a  District  Court  of  the  United  States  for  the  island. 

Resident  Commissioner  at  Washington. — The  interests  of 
the  island  are  looked  after  at  Washington  by  a  resident 
commissioner  who  is  elected  by  the  qualified  voters  for  a 
term  of  four  years.  Unlike  the  delegate  from  an  organized 


THE  PHILIPPINES  377 

territory  he  has  no  right  to  a  seat  in  the  house  of  represent- 
atives, but  the  house  has  granted  him  the  courtesy  of  this 
privilege.  He  is,  however,  entitled  to  official  recognition 
by  all  the  executive  departments  whenever  he  wishes  to  dis- 
cuss with  them  matters  of  business  affecting  Porto  Rico. 

The  island  has  its  own  internal  revenue  system  for  raising 
taxes,  and  the  receipts  from  all  customs  duties  on  goods  im- 
ported into  the  island  are  turned  into  the  insular  treasury. 
Unlike  the  Philippines,  however,  the  island  does  not  have 
its  own  monetary  system,  but  uses  that  of  the  United  States. 

The  Philippines. — The  problem  of  governing  the  Philip- 
pines has  proved  much  more  difficult  than  that  of  govern- 
ing Porto  Rico.  Instead  of  a  single  island  inhabited  by  a 
fairly  homogeneous  population,  the  Philippine  archipelago 
consists  of  several  hundred  islands  inhabited  by  various 
races  and  peoples  representing  almost  every  stage  of  de- 
velopment from  savagery  to  fairly  complete  civilization. 
It  has  been  a  difficult  problem  to  develop  a  system  of  gov- 
ernment adapted  to  the  needs  and  capacities  of  so  many 
different  elements.  In  addition  to  the  difficulties  presented 
by  these  conditions,  the  Filipinos  in  various  parts  of  the 
archipelago  have  resisted  American  rule,  and  no  small 
amount  of  effort  and  expenditure  of  money  has  been  directed 
toward  the  suppression  of  outbreaks  and  the  maintenance 
of  order. 

Organic  Act  of  1902. — In  1902  Congress  passed  an  organic 
act  for  the  government  of  the  islands,  and  shortly  thereafter 
William  H.  Taft  was  inaugurated  civil  governor.  This  act 
continued  for  the  most  part  the  form  of  government  that 
had  been  created  by  the  Philippine  Commission.  The  or- 
ganic act  provided,  however,  that  as  soon  as  the  insurrec- 
tion then  existing  was  suppressed,  a  census  of  the  inhabit- 
ants should  be  taken  and  if  the  islands  were  in  a  state  of 


378  GOVERNMENT  OF  THE  TERRITORIES,   ETC. 

peace,  steps  should  be  taken  toward  the  establishment  of  a 
legislative  assembly,  the  lower  house  of  which  should  be 
popularly  elected.  This  provision  was  duly  carried  out, 
and  in  1907  the  assembly  was  chosen.  The  upper  house 
was  a  commission  of  nine  members,  including  the  governor, 
appointed  by  the  President ;  and  members  of  the  commis- 
sion also  served  as  heads  of  executive  departments. 

In  1916  the  government  was  altered  by  abolishing  the 
commission  and  creating  a  legislature  in  which  both  houses 
are  elective.  The  governor  general,  at  the  head  of  the 
executive  department,  is  appointed  by  the  President,  as  are 
also  the  vice  governor  and  the  auditor.  Acts  of  the  Philip- 
pine legislature  may  be  vetoed  by  the  governor  general  (or 
finally  by  the  President  if  passed  over  the  governor  general's 
veto),  or  may  be  annulled  by  Congress.  The  act  of  1916 
declared  it  to  be  the  purpose  of  the  United  States  to  grant 
the  Philippines  independence  as  soon  as  a  stable  government 
can  be  established  therein. 

Resident  Commissioners. — The  legislature  is  allowed  to 
choose  two  resident  commissioners  to  represent  the  islands 
at  Washington.  Like  territorial  delegates,  they  have  seats, 
but  no  vote,  in  the  house  of  representatives. 

The  Judicial  System  of  the  islands  consists  of  a  supreme 
court  of  seven  judges  who  are  appointed  by  the  President, 
a  court  of  first  instance  in  each  province,  the  judges  of 
which  are  appointed  by  the  governor  general,  and  various 
municipal  courts..  Unlike  Porto  Rico  and  Hawaii,  no 
United  States  district  court  has  been  established  in  the 
islands.  Appeals  lie  from  the  supreme  court  of  the  islands 
directly  to  the  United  States  Supreme  Court  in  all  cases 
in  which  the  Constitution  or  any  statute  or  treaty  is  in- 
volved or  in  which  the  amount  in  controversy  exceeds 
$25,000. 


UNORGANIZED   TERRITORIES  AND   DEPENDENCIES      379 

Local  Government. — Each  province  is  governed  in  local 
matters  by  a  board  consisting  of  a  governor  and  other 
officers  elected  by  the  voters.  The  organized  municipalities 
are  governed  by  elective  councils.  Special  provision  has 
been  made  for  the  government  of  districts  inhabited  by 
certain  non-Christian  peoples  by  the  creation  of  a  Bureau  of 
Non-Christian  Tribes. 

The  Unorganized  Territories  and  Dependencies. — The 
third  group  of  territories  or  dependencies  embrace  those 
which  have  no  legislative  assembly  whatever.  These  in- 
clude Samoan  Islands,  Virgin  Islands,  Guam,  the  Panama 
Canal  Zone,  and  the  District  of  Columbia. 

The  American  Samoan  Islands,  the  chief  of  which  is 
Tutuila  with  its  valuable  harbor  of  Pagopago,  are  governed 
by  a  naval  officer — the  commandant  of  the  naval  station 
at  Tutuila.  He  makes  the  laws  and  regulations,  and  sees 
that  they  are  enforced,  but  so  far  as  possible  the  inhabi- 
tants are  allowed  to  govern  themselves. 

By  treaty  of  1916,  three  of  the  Virgin  Islands  were  pur- 
chased from  Denmark  for  $25,000,000.  They  were  placed 
under  the  jurisdiction  of  a  governor  appointed  by  the 
President,  but  the  local  laws  were  kept  in  force. 

Guam  was  seized  by  the  United  States  during  the  war 
with  Spain,  and  was  retained  by  the  treaty  of  peace.  It  is 
governed  by  the  commandant  of  the  naval  station.1 

The  Panama  Canal  Zone  is  a  strip  of  land  ten  miles  wide 
extending  from  the  Atlantic  to  the  Pacific  Ocean  across 
the  Isthmus  of  Panama,  and  was  acquired  by  treaty  from 
the  Republic  of  Panama  in  1904,  upon  the  payment  of 
$10,000,000.  Soon  after  the  conclusion  of  the  treaty,  Con- 

1  Other  insular  possessions  of  the  United  States  are  Wake  Island, 
Midway  or  Brooks  Island,  Rowland  and  Baker  Islands,  all  in  the 
Pacific  Ocean.  They  are  practically  uninhabited  and  no  provision  for 
their  government  has  been  found  necessary. 


380          GOVERNMENT  OF  THE  TERRITORIES,  ETC. 

gress  passed  an  act  placing  the  entire  government  of  the 
Canal  Zone  in  the  hands  of  the  President.  The  powers  of 
the  President  prior  to  1914  were  exercised  through  the 
Isthmian  Canal  Commission  consisting  of  seven  members, 
with  authority  to  make  and  enforce  all  needful  rules  and 
regulations  for  the  government  of  the  Zone  and  to  enact 
such  local  legislation  as  might  be  needed,  subject  to  the 
condition  that  it  must  not  be  inconsistent  with  the  Consti- 
tution, laws,  or  treaties  of  the  United  States.  In  January, 
1914,  President  Wilson,  in  pursuance  of  an  act  of  Congress 
passed  p  1912,  issued  an  order  abolishing  the  commission 
and  organizing  a  system  of  civil  government  for  the  Canal 
Zone.  Colonel  George  W.  Goethals  was  appointed  the  first 
civil  governor. 

The  District  of  Columbia  is  a  territory  with  an  area  ot 
seventy  square  miles,  and  was  ceded  to  the  United  States  in 
1790  for  the  site  of  the  national  capital.  The  district  was 
administered  from  1801  to  1871  under  the  forms  of  munic- 
ipal government,  that  is,  by  a  mayor  and  council,  but  in 
the  latter  year  Congress  vested  the  government  in  a  gover- 
nor, a  secretary,  a  board  of  public  works,  a  board  of  health, 
and  a  legislative  assembly.  At  the  same  time  the  district 
was  allowed  to  send  a  delegate  to  Congress.  Largely  on 
account  of  the  extravagance  of  this  government  in  under- 
taking expensive  public  improvements,  Congress  in  1874 
abolished  the  whole  scheme  and  established  the  present 
system,  which  vests  practically  all  governmental  powers  \in 
the  hands  of  a  commission  of  three  persons  appointed  by 
the  President.  Two  of  these  must  be  appointed  from  civil 
life  and  the  other  must  be  an  officer  belonging  to  the  en- 
gineering corps  of  the  army.  This  commission  has  the 
general  direction  of  administrative  affairs  and  the  appoint- 
ment of  employees,  and  exercises  wide  powers  of  a  quasi 


UNORGANIZED  TERRITORIES  AND  DEPENDENCIES     381 

legislative  character,  such  as  the  issuing  of  health  and 
police  regulations.  The  legislature  of  the  district,  however, 
is  the  Congress  of  the  United  States.  In  each  house  there 
is  a  committee  on  the  District  of  Columbia  to  which  all 
bills  relating  to  the  district  are  referred,  and  on  one  day  of 
each  week  an  hour  is  set  apart  in  the  house  of  representa- 
tives for  the  consideration  of  such  bills.  No  provision  is 
made  for  the  representation  of  the  district  in  Congress,  and 
the  inhabitants  take  no  part  in  presidential  elections.1  One 
half  the  expense  of  conducting  the  government  of  the  dis- 
trict is  defrayed  out  of  the  national  treasury,  and  the  other 
half  is  raised  from  taxation  on  private  property  in  the  dis- 
trict. 

The  judicial  establishment  of  the  district  consists  of  a 
court  of  appeals  of  three  judges,  a  supreme  court  of  six 
judges,  and  the  usual  police  courts  and  courts  of  justices 
of  the  peace.  (See  page  364.) 

American  Protection  over  Spanish  American  States.— 
In  addition  to  the  ownership  of  the  various  insular  dependen- 
cies mentioned  above,  the  United  States,  in  pursuance  of  a 
long  established  policy  known  as  the  "  Monroe  Doctrine," 
exercises  a  certain  degree  of  protection  over  Latin  Ameri- 
can states.  As  this  policy  is  now  interpreted  it  forbids 
the  further  acquisition  by  European  powers  of  territorial 
possessions  in  the  western  hemisphere,  or  the  extension  by 
such  powers  of  political  influence  on  this  continent.  By 
virtue  of  special  treaty  arrangements  the  United  States 
exercises  a  virtual  protectorate  over  certain  of  the  smaller 
Latin  American  republics.  Thus  under  the  "  Platt 

1  This  is  also  true  of  the  other  territories  and  dependencies.  The 
organized  territories,  however,  have  been  allowed  to  send  delegates 
to  the  national  conventions  for  the  nomination  of  the  President  and 
Vice  President. 


382          GOVERNMENT  OF  THE  TERRITORIES,   ETC. 

Amendment,"  to  the  constitution  of  Cuba  (also  embodied 
in  a  treaty  between  the  United  States  and  Cuba)  the  United 
States  has  the  right  to  intervene  in  Cuba  for  the  main- 
tenance of  a  stable  government  and  for  the  protection  of 
public  order  and  security ;  and  this  power  was  exercised  in 
1906.  Naturally  it  exercises  the  power  of  protection  over 
the  republic  of  Panama  through  whos  e  territory  the  Panama 
Canal  runs,  and  recently  (1915)  it  has  established  a  sort  of 
financial  protectorate  over  Haiti  and  the  Dominican 
Republic.  In  pursuance  of  treaty  arrangements  it  collects 
the  customs  revenues  in  those  republics,  applies  them  to 
the  payment  of  their  foreign  debts,  and  has  the  right  to 
intervene  for  the  maintenance  of  order. 


References. — BEARD,  American  Government  and  Politics,  ch.  xxi. 
BRYCE,  The  American  Commonwealth  (abridged  edition),  ch.  xlvi. 
HART,  Actual  Government,  ch.  xx.  WILLOUGHBY,  Territories  and 
Dependencies  of  the  United  States,  chs.  iii,  iv,  vi. 

RESEARCH  QUESTIONS 

1.  From  what  clause  or  clauses  in  the  Constitution  is  the  power  to 
acquire  foreign  territory  derived? 

2.  By  what  different  methods  has  foreign  territory  been  added  to 
the  United  States? 

3.  Are  there  any  limitations  on  the  powers  of  Congress  in  legislat- 
ing for  the  territories?  f 


CHAPTER  XX 

CITIZENSHIP 

Who  are  Citizens. — The  population  of  every  country  is 
composed  of  two  classes  of  persons :  citizens  and  aliens.  The 
larger  portion  of  the  inhabitants  are  citizens,  but  the  alien 
class  is  considerable  in  some  states  of  the  Union,  much 
more  so  than  formerly,  owing  to  the  large  influx  of  immi- 
grants from  Europe  in  recent  years.1  A  citizen  is  one 
who  has  been  admitted  to  full  membership  in  the  state, 
though  he  may  not  have  been  given  full  political  privileges, 
such  as  the  privileges  of  voting  and  holding  public  office. 
There  is  a  large  class  of  citizens  in  every  state  who  can 
neither  vote  nor  hold  public  office,  such,  for  example,  as 
minors,  sometimes  illiterate  persons,  those  who  have  not 
paid  their  taxes,  those  who  have  been  convicted  of  serious 
crimes,  and  others.  On  the  other  hand,  aliens  in  some 
states  are  allowed  to  vote  and  hold  office,  especially  if  they 
have  formally  declared  their  intention  of  becoming  citizens. 
The  terms  "citizen"  and  "voter,"  therefore,  are  not  iden- 
tical, since  there  are  some  citizens  who  cannot  vote  and 
some  voters  who  are  not  citizens.  (See  page  125.) 

How  Citizenship  is  Acquired. — Under  the  Fourteenth 
Amendment  to  the  federal  Constitution,  all  persons  born 

1  The  census  of  New  York  of  1910  showed  that  of  a  total  popula- 
tion of  9,000,000  inhabitants  there  were  more  than  2,000,000  aliens. 

383 


384  CITIZENSHIP 

in  the  United  States  1  are  citizens  of  the  United  States,  and 
also  of  the  states  in  which  they  reside.  Persons  who  come 
here  from  abroad  may  become  citizens  only  by  being 
naturalized. 

Naturalization  Law. — To  acquire  citizenship  in  this  way, 
they  must  reside  here  for  a  period  of  five  years,  they  must 
also  be  persons  of  good  moral  character,  attached  to  the 
principles  of  the  Constitution  and  well  disposed  to  the  good 
order  and  happiness  of  the  same.  Under  the  law  of  1906 
they  must  also  be  able  to  write  their  own  language  and  be 
able  to  read  and  speak  English.  Two  steps  are  necessary 
in  the  procedure  of  naturalization:  first  the  applicant  must 
go  before  a  federal  court  or  a  court  of  record  in  some  state 
and  make  oath  that  he  is  at  least  eighteen  years  of  age,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United 
States.  At  the  same  time  he  must  renounce  all  allegiance 
to  the  foreign  state  of  which  he  is  a  citizen  or  subject  and 
must  furnish  the  court  with  a  variety  of  information  con- 
cerning his  past  life,  including  the  date  of  his  arrival  in  the 
United  States  and  the  name  of  the  ship  on  which  he  arrived. 
He  is  then  furnished  with  a  certificate  which  is  popularly 
known  as  his  "first  papers."  When  he  has  resided  in  the 
United  States  at  least  five  years  and  possesses  all  the  nec- 
essary qualifications  the  court  will  issue  him  a  certificate 
of  naturalization  which  makes  him  a  citizen.  Fees  amount- 
ing to  five  dollars  are  now  charged  for  filing  the  petition 

1  For  some  purposes,  the  residences  of  foreign  diplomatic  represent- 
atives are  considered  as  if  belonging  to  the  foreign  country  repre- 
sented. Thus  a  child  of  the  French  ambassador,  if  born  in  the  am- 
bassador's residence  at  Washington,  is  born  a  citizen  of  France; 
likewise  a  child  of  the  United  States  ambassador  at  Paris,  if  born 
at  his  residence  in  France,  is  nevertheless  a  natural-born  citizen  of 
the  United  States. 


HOW  CITIZENSHIP  IS  ACQUIRED  385 

and  issuing  the  final  certificate.  In  order  to  prevent  the 
wholesale  naturalization  of  aliens  in  the  large  cities  for  elec- 
tion purposes,  the  law  provides  that  no  certificate  of  natu- 
ralization shall  be  granted  within  thirty  days  prior  to  any 
general  election.  Any  honorably  discharged  alien  from  the 
United  States  army  may  be  admitted  to  citizenship  after 
a  residence  of  one  year,  and  the  preliminary  declaration  of 
intention  is  not  required  of  aliens  who  have  served  five  years 
in  the  navy. 

Disqualifications. — In  addition  to  the  qualifications  men- 
tioned above,  there  are  certain  disqualifications  which  serve 
to  debar  many  foreigners  from  acquiring  American  citizen- 
ship. Thus  only  white  persons  and  persons  of  African 
nativity  are  capable  of  being  naturalized  under  our  laws,  so 
that  those  belonging  to  the  Mongolian  or  other  races,  such 
as  Chinese,  Japanese,  Burmese,  and  East  Indians,  cannot 
become  citizens  of  the  United  States  unless  born  here. 
Other  persons  excluded  for  different  reasons  are  polyga- 
mists,  anarchists,  and  certain  other  classes  of  criminals  who 
are  not  considered  worthy  to  enjoy  the  high  privileges  of 
citizenship. 

The  naturalization  of  a  husband  makes  the  wife  and 
minor  children  citizens,  so  that  they  do  not  have  to  go 
through  the  process  of  taking  out  their  " papers. " 

Other  Methods  of  Acquiring  Citizenship. — Citizenship  may 
be  acquired  sometimes  in  other  ways  than  the  method  de- 
scribed above.  Thus  a  foreign  woman  becomes  a  citizen  by 
marriage  to  an  American  citizen,  and  the  inhabitants  of 
foreign  territory  annexed  to  the  United  States  become  citi- 
zens by  virtue  of  their  incorporation  into  the  body  politic. 
In  this  way  the  inhabitants  of  the  Louisiana  territory,  ac- 
quired from  France,  became  citizens.  In  the  same  way 
those  of  Florida,  Texas,  California,  Alaska,  and  Hawaii  be- 
Govt.  U.  S,— a* 


386  CITIZENSHIP 

came  citizens,  but  not  those  of  Porto  Rico  and  the  Philip- 
pines. Residents  of  Porto  Rico,  however,  were  made  citi- 
zens of  the  United  States  by  act  of  Congress  in  1917. 

How  Citizenship  may  be  Lost. — As  citizenship  may  be 
acquired  in  various  ways  so  it  may  be  lost  by  different  acts. 
An  American  woman  loses  her  citizenship  by  marriage 
to  an  alien.  Acceptance  of  a  commission  in  the  service 
of  a  foreign  country,  if  it  involves  the  taking  of  an  oath  of 
allegiance  to  a  foreign  government,  operates  to  divest  one  of 
his  American  citizenship.  The  most  common  mode  by 
which  citizenship  is  lost,  however,  is  through  voluntary 
removal  from  the  country  and  naturalization  in  a  foreign 
state.  The  right  of  the  citizen  to  withdraw  from  the  United 
States,  renounce  his  allegiance,  and  acquire  the  citizenship 
of  a  foreign  state,  is  declared  by  our  law  to  be  an  inalien- 
able right.  Mere  removal  from  the  United  States  and  the 
establishment  of  a  residence  in  a  foreign  country,  however, 
does  not  of  itself  operate  to  divest  one  of  his  citizenship. 
An  American  citizen  may  reside  abroad  many  years  for  the 
purposes  of  business,  education,  or  pleasure,  and  so  long  as 
he  preserves  an  intention  of  returning  to  the  United  States 
he  is  not  held  to  have  abandoned  his  American  nationality. 

In  order  to  prevent  foreigners  from  coming  to  the  United 
States,  acquiring  our  citizenship,  and  returning  to  their  na- 
tive country  for  the  purpose  of  living  there  without  being 
subject  to  the  burdens  and  obligations  of  military  service, 
the  law  declares  that  a  naturalized  American  who  returns 
to  his  native  country  and  resides  there  for  a  period  of  two 
years  will  be  presumed  to  have  abandoned  his  American 
citizenship,  and  unless  he  can  show  an  intention  of  returning 
to  America  he  will  be  considered  as  no  longer  being  a 
citizen. 

Federal  versus  State  Citizenship. — In  a  country  hav- 


FEDERAL  VERSUS  STATE  CITIZENSHIP  387 

ing  the  federal  form  of  government,  the  inhabitants  have  a 
dual  citizenship,  that  is,  they  are  citizens  of  the  country  as 
a  whole  and  of  the  particular  state  in  which  they  are  resi- 
dents. Thus  our  federal  Constitution  declares  that  all  per- 
sons born  or  naturalized  in  the  United  States  and  subject 
to  the  jurisdiction  thereof  are  citizens  of  the  United  States 
and  of  the  state  in  which  they  reside.  A  person,  however, 
may  be  a  citizen  of  the  United  States  without  at  the  same 
time  being  a  citizen  of  any  state,  as  is  the  case  with  those 
inhabiting  the  territories,  the  District  of  Columbia,  and 
other  places  not  forming  a  part  of  any  state.  On  the  con- 
trary, it  seems  to  be  generally  admitted  that  one  may  be  a 
citizen  of  a  state  without  necessarily  being  a  citizen  of  the 
United  States.  Thus  a  state  may  give  an  alien  full  political 
and  civil  rights  and  declare  him  to  be  a  citizen  of  the  state 
before  he  has  become  a  citizen  of  the  United  States.  Some 
states  have  in  effect  done  this.  It  follows,  therefore,  that 
federal  and  state  citizenship  are  not  necessarily  identical 
and  coexistent,  since  there  may  be  a  class  of  state  citizens 
upon  whom  the  United  States  has  not  conferred  its  own 
citizenship,  and  a  class  of  United  States  citizens  who  are  not 
citizens  of  any  state.  The  citizenship  of  a  particular  state 
may  be  relinquished  for  that  of  another  by  removal  from 
the  former  state  and  the  establishment  of  a  residence  in  the 
latter.  No  legal  formality  whatever  is  required  to  put  off 
the  one  and  take  on  the  other. 

Interstate  Rights  of  Citizens. — There  is  a  provision  in  the 
Constitution  of  the  United  States  which  declares  that  the 
citizens  of  each  state  shall  enjoy  all  the  privileges  and  im- 
munities of  the  citizens  of  the  several  states.  The  purpose 
of  this  provision  is  to  prevent  one  state  from  discriminating 
against  the  citizens  of  other  states  in  favor  of  its  own  citi- 
zens. Whatever  rights  and  privileges  it  accords  to  its  own 


388  CITIZENSHIP 

citizens  must  be  accorded  equally  to  citizens  of  other  states 
who  may  be  within  its  borders  or  who  may  wish  to  carry  on 
business  therein.  The  states  are  also  forbidden  by  the  fed- 
eral Constitution  to  abridge  the  privileges  and  immunities  of 
citizens  of  the  United  States,  though  the  Constitution  does 
not  specify  or  indicate  what  these  privileges  and  immunities 
are.  They  include,  however,  such  privileges  as  the  making 
and  enforcing  of  contracts,  of  suing  in  the  courts,  of  inherit- 
ing, holding,  and  conveying  property,  of  receiving  equal 
protection  of  the  laws,  and,  in  general,  of  enjoying  every 
right  or  privilege  to  which  the  citizen  is  entitled  under  the 
Constitution  and  laws  of  the  United  States. 

Rights  and  Duties  of  Aliens. — Aliens,  though  in  a  polit- 
ical sense  members  of  foreign  states,  are,  nevertheless,  fully 
subject  to  the  jurisdiction  of  the  state  in  which  they  are 
domiciled,  and  owe  it  a  temporary  allegiance.  They  are 
bound  to  obey  the  laws  equally  with  citizens,  and  may  be 
punished  for  violations  of  them  equally  with  citizens.  They 
must  also  share,  to  a  certain  extent,  the  .public  burdens,  and 
may  be  required  to  serve  in  the  militia  or  police  (though 
not  in  the  regular  army)  if  the  common  defense  and  domes- 
tic safety  require  their  services. 

Right  of  Protection. — It  is  now  universally  admitted  that 
they  are  entitled  to  the  protection  of  the  government  under 
which  they  are  living  so  long  as  they  are  within  its  jurisdic- 
tion, but  not  when  they  go  abroad.  So  far  as  the  enjoy- 
ment of  civil  rights  is  concerned,  the  tendency  is  to  treat 
them  on  a  footing  of  equality  with  citizens.  Both  the  fed- 
eral and  the  state  courts  are  open  to  them  on  the  same  terms 
as  to  citizens,  and  if  they  suffer  injuries  in  the  course  of  riots 
and  other  disturbances,  because  of  their  foreign  nationality, 
especially  if  the  public  authorities  fail  to  use  due  diligence 
to  prevent  or  punish  attacks  upon  them,  the  United  States 


RIGHTS  AND  DUTIES  OF  ALIENS  389 

government  will  indemnify  them  or  their  heirs  for  the  in- 
juries sustained.1 

Disabilities  of  Aliens. — Formerly  aliens  were  subject  to 
disabilities  much  more  commonly  than  now.  Under  the 
common  law,  for  example,  they  could  not  inherit  land,  but 
this  disability  has  been  abolished  in  most  of  the  states, 
though  some  still  make  a  distinction  between  resident  and 
nonresident  aliens  in  this  respect,  allowing  the  former  class 
to  take  land  by  inheritance  as  well  as  by  purchase  but  ex- 
cluding the  latter  class.  Some  states  do  not  allow  them  to 
be  employed  on  the  public  works,  and  a  few  subject  them 
to  other  disabilities,  but  they  are  not  important  or  numer- 
ous.2 With  regard  to  political  privileges,  however,  the  dis- 
abilities of  aliens  are  still  generally  maintained. 

Rights  and  Obligations  of  Citizens.— The  chief  priv- 
ilege of  citizenship  is  that  of  protection  by  the  government 
in  all  personal  and  property  rights.  If  the  citizen  goes 
abroad  for  the  purpose  of  business  or  pleasure,  the  govern- 
,  ment  will  protect  him  from  wrongful  treatment  so  long  as 
he  obeys  the  law  of  the  country  to  which  he  is,  for  the  time 
being,  subject,  and  demeans  himself  peaceably.  If  he  is 
injured  or  discriminated  against  because  of  his  foreign  na- 
tionality, the  government  which  fails  to  protect  him  will 
be  required  to  make  a  suitable  indemnity  for  the  injury. 

Equality  of  Native  and  Naturalized  Citizens. — When  it 

1  The  United  States  government  has  uniformly  refused  to  admit 
its  liability  in  such  cases,  but  it  has  in  practice  generally  allowed  an 
indemnity.     This  was  done,  for  example,  in  the  case  of  the  Anti- 
Spanish  riots  in  New  Orleans  and  Key  West  in  1851 ;  in  the  case  of  the 
Anti-Chinese  riots  at  Rock  Springs,  Wyoming,  in  1885 ;  and  in  the 
case  of  the  Italian  lynchings  at  New  Orleans  in  1891. 

2  In  1915  the  Federal  Courts  held  unconstitutional  a  law  of  Arizona 
which  forbade  the  employment  of  more  th,an  20  per  cent  of  aliens  in 
any  work. 


390  CITIZENSHIP 

comes  to  protecting  its  citizens  abroad,  the  United  States 
government  makes  no  distinction  between  naturalized  and 
native-born  citizens.  In  the  case  of  a  Russian,  for  exam- 
ple, who  comes  to  America  and  is  naturalized  and  goes  back 
to  Russia  for  business  or  pleasure,  our  government  will 
insist  that  he  be  treated  by  the  Russian  authorities  as  if  he 
were  a  native-born  American  citizen.  At  home  a  natural- 
ized citizen  enjoys  the  same  privileges  as  a  native-born  ex- 
cept that  he  is  not  eligible  to  the  office  of  President  or  Vice 
President  of  the  United  States. 

Duties  and  Obligations  of  Citizens. — Rights  and  privileges 
seldom  exist  without  corresponding  duties  and  obligations, 
and  so  citizenship  has  its  duties.  One  of  these  is  to  contrib- 
ute to  the  bearing  of  the  burdens  of  the  state.  This  in- 
cludes the  payment  of  taxes,  service  in  the  militia  or  army 
for  purposes  of  defense,  and  the  discharge  of  such  public 
trusts  as  may  be  imposed.  It  is,  of  course,  the  duty  of  the 
citizen,  as  it  is  of  every  one  who  lives  in  the  state,  to  obey 
the  laws  and  do  what  he  can  to  secure  their  enforcement.. 
Finally,  if  the  citizen  possesses  political  privileges,  it  is  his 
duty  to  take  an  active  part  in  securing  the  election  of  com- 
petent and  honest  officials  to  the  end  that  the  government 
which  protects  him  may  be  efficient  and  well  administered. 

Obligations  and  Duties  of  Nations :  International  Law. — 
Nations,  like  individuals,  are  bound  by  rules  of  conduct 
in  their  relations  with  one  another.  The  rules  governing 
nations  constitute  what  is  known  as  international  law,  a 
subject  of  which  we  have  heard  much  since  the  outbreak 
of  the  great  world  war  in  1914.  The  rules  of  international 
law,  unlike  those  of  national  or  municipal  law,  are  not  en- 
acted by  a  legislative  body,  for  as  yet,  unfortunately,  there 
is  no  world  legislature.  They  consist  partly  of  customary 
rules  and  usages,  and.  partly  of  international  treaties.  The 


DUTIES  OF  NATIONS  391 

most  important  of  these  treaties  are  those  negotiated  to  end 
the  World  War,  and  also  the  so-called  conventions,  sixteen 
in  number,  recommended  by  the  Peace  Conferences  at  the 
Hague  in  1899  and  1907,  and  adopted,  for  the  most  part,  by 
nearly  all  the  civilized  nations  of  the  world.  These  con- 
ventions contain  a  large  number  of  important  rules  pre- 
scribing the  conduct  to  be  observed  by  nations  both  in  time 
of  war  and  in  time  of  peace. 

Unfortunately,  however,  international  law  has  one  great 
weakness  which  national  law  does  not  have.  National  law 
has  what  the  lawyers  call  a  sanction;  that  is  to  say,  a 
penalty  is  prescribed  for  its  violation,  and  courts  are  estab- 
lished for  punishing  those  who  violate  its  rules.  But  in 
the  case  of  international  law  there  is  as  yet  no  machinery 
for  bringing  to  the  bar  of  justice  and  inflicting  punishment 
upon  a  nation  which  violates  its  international  duties  and 
obligations,  except  as  the  League  of  Nations  may  succeed 
in  performing  this  function.  The  only  punishment  which 
has  often  followed  such  an  act  is  the  reprobation  of  public 
opinion,  which  unhappily,  as  the  World  War  has  demon- 
strated, is  not  a  sufficient  deterrent  in  the  case  of  nations 
which  regard  lightly  their  obligations  of  honor  and  good 
faith.  Thinking  men  the  world  over  realize  how  important 
it  is  to  make  international  law  more  effective,  to  compel 
nations  by  force  or  otherwise  to  observe  their  international 
obligations,  and  to  prevent  war,  the  world's  greatest  curse. 

References. — ASHLEY,  The  American  Federal  State,  ch.  xxix ;  also 
pp.  212-217.  BEARD,  American  Government  and  Politics,  pp.  160- 
163.  FULLER,  Government  by  the  People,  ch.  ii.  GARNER,  Intro- 
duction to  Political  Science,  ch.  xi.  HART,  Actual  Government,  chs. 
ii-iv.  HINSDALE,  The  American  Government,  ch.  liv. 

Documentary  and  Illustrative  Material. — i.  Copy  of  the  federal 
citizenship  law  of  1907.  2.  Copy  of  the  naturalization  act  of  1906. 
3.  Copies  of  naturalization  blanks  and  of  naturalization  regulations 


392  CITIZENSHIP 

(these  may  be  secured  from  the  bureau  of  immigration  and  naturali- 
zation). 4.  Copy  of  an  application  for  a  passport  (this  may  be  se- 
cured from  the  department  of  state).  5.  Copy  of  a  passport. 

RESEARCH  QUESTIONS 

1.  What  is  a  citizen?     Distinguish  between  native-born  and  nat- 
uralized citizens ;  between  citizens  and  electors. 

2.  Is  the  citizenship  of  a  child  determined  by  the  law  of  the  place 
where  it  is  born  or  by  the  law  of  the  place  of  which  the  parents  are 
citizens?     Distinguish  between  the  English  and  American  practice 
in  this  respect,  on  the  one  hand,  and  the  continental  European  prac- 
tice on  the  other. 

3.  What  would  be  the  citizenship  of  a  child  born  in  the  United 
States  if  the  father  were  the  ambassador  of  a  foreign  country,  tem- 
porarily residing  here?     What  would  be  the  citizenship  of  a  child 
born  of  American  parents  on  the  high  seas  ?  of  a  child  born  abroad 
of  American  parents?   of  a  child  born  in  the  United  States  if  the 
father  were  a  foreign  consul  here  ? 

4.  A  child  born  in  the  United  States  of  French  parents  would  be  a 
citizen  of  the  United  States  under  our  law ;  it  would  also  be  a  citizen 
of  France,  according  to  French  law.     Which  citizenship  would  prevail  ? 

5.  Do  you  think  our  law  should  admit  persons  of  African  descent 
to  become  citizens  and  yet  deny  the  right  to  Japanese,  Chinese, 
and  natives  of  India  ? 

6.  May  one  be  a  citizen  of  two  different  countries  at  the  same 
time?. 

7.  What  would  be  the  status  of  an  American  woman  who  lost  her 
American  citizenship  by  marrying  a  foreigner,  in  case  of  the  death 
of  her  husband  ?     How  could  she  reacquire  her  original  citizenship  ? 

8.  How  long  may  an  American  reside  abroad  without  losing  his 
citizenship  ? 

9.  Many  Europeans,  in  order  to  escape  military  service  in  their 
country,  have  emigrated  to  America,  acquired  our  citizenship  and 
returned  to  their  native  country.     Will  the  United  States  government 
protect  such  persons  against  impressment  into  the  military  service  ? 

10.  Suppose  a  citizen  of  New  York  moves  to  Pennsylvania  and 
establishes  a  residence  there.     Does  that  act  without  any  legal  for- 
mality make  him  a  citizen  of  Pennsylvania  ? 


AKTIOLES  OF  CONFEDEEATION 


ARTICLES  OP  CONFEDERATION  AND  PERPETUAL  UNION  BETWEEN  THE 
STATES  OF  NEW  HAMPSHIRE,  MASSACHUSETTS  BAY,  RHODE  ISLAND 
AND  PROVIDENCE  PLANTATIONS,  CONNECTICUT,  NEW  YORK,  NEW 
JERSEY,  PENNSYLVANIA,  DELAWARE,  MARYLAND,  VIRGINIA,  NORTH 
CAROLINA,  SOUTH  CAROLINA,  AND  GEORGIA 

ARTICLE  I. — The  style  of  this  confederacy  shall  be,  "The  United 
States  of  America." 

ART.  II. — Each  State  retains  its  sovereignty,  freedom,  and  independ- 
ence, and  every  power,  jurisdiction,  and  right  which  is  not  by  this  con- 
federation expressly  delegated  to  the  United  States  in  Congress  assembled. 

ART.  III. — The  said  States  hereby  severally  enter  into  a  firm  league  of 
friendship  with  each  other,  for  their  common  defense,  the  security  of  their 
liberties,  and  their  mutual  and  general  welfare,  binding  themselves  to 
assist  each  other  against  all  force  offered  to,  or  attacks  made  upon  them, 
or  any  of  them,  on  account  of  religion,  sovereignty,  trade,  or  any  other 
pretense  whatever. 

ART.  IV. — The  better  to  secure  and  perpetuate  mutual  friendship  and 
intercourse  among  the  people  of  the  different  States  in  this  Union,  the 
free  inhabitants  of  each  of  these  States,  paupers,  vagabonds,  and  fugitives 
from  justice  excepted,  shall  be  entitled  to  all  privileges  and  immunities  of 
free  citizens  in  the  several  States  ;  and  the  people  of  each  State  shall 
have  free  ingress  and  regress  to  and  from  any  other  State,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  subject  to  the  same 
duties,  impositions,  and  restrictions,  as  the  inhabitants  thereof  respec- 
tively; provided  that  such  restrictions  shall  not  extend  so  far  as  to  prevent 
the  removal  of  property  imported  into  any  State,  to  any  other  State  of 
which  the  owner  is  an  inhabitant  ;  provided,  also,  that  no  imposition, 
duties,  or  restriction,  shall  be  laid  by  any  State  on  the  property  of  the 
United  States  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with,  treason,  felony,  or  other  high 
misdemeanor  in  any  State,  shall  flee  from  justice,  and  be  found  in  any  of 
the  United  States,  he  shall,  upon  demand  of  the  governor  or  executive 
power  of  the  State  from  which  he  fled,  be  delivered  up,  and  removed  to 
the  State  having  jurisdiction  of  his  offense. 

Full  faith  and  credit  shall  be  given,  in  each  of  these  States,  to  the 
records,  acts,  and  judicial  proceedings  of  the  courts  and  magistrates  of 
every  other  State. 

ART.  V. — For  the  more  convenient  management  of  the  general  inter- 
ests of  the  United  etate? ,  delegates  shall  be  annually  appointed  in  such 

393 


394  ARTICLES  OF  CONFEDERATION 

manner  as  the  legislature  of  each  State  shall  direct,  to  meet  in  Congress 
on  the  first  Monday  in  November,  in  every  year,  with  a  power  reserved  to 
each  State  to  recall  its  delegates,  or  any  of  them,  at  any  time  within  the 
year,  and  to  send  others  in  their  stead  for  the  remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than  two,  nor  by 
more  than  seven  members  ;  and  no  person  shall  be  capable  of  being  a  del- 
egate for  more  than  three  years,  in  any  term  of  six  years  ;  nor  shall  any 
person,  being  a  delegate,  be  capable  of  holding  any  office  under  the 
United  States,  for  which  he,  or  another  for  his  benefit,  receives  any  salary, 
fees,  or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  any  meeting  of  the 
States  and  while  they  act  as  members  of  the  committee  of  the  States. 

In  determining  questions  in  the  United  States  in  Congress  assembled, 
each  State  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall  not  be  impeached  or 
questioned  in  any  court  or  place  out  of  Congress ;  and  the  members  of 
Congress  shall  be  protected  in  their  persons  from  arrests  and  imprison- 
ments during  the  time  of  their  going  to  and  from,  and  attendance  on 
Congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

ART.  VI. — No  State,  without  the  consent  of  the  United  States,  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conference,  agreement,  alliance,  or  treaty,  with 
any  king,  prince,  or  state  ;  nor  shall  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any  pres- 
ent, emolument,  office,  or  title  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state  ;  nor  shall  the  United  States,  in  Congress  assem- 
bled, or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confederation,  or 
alliance  whatever  between  them,  without  the  consent  of  the  United 
States,  in  Congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  States  shall  lay  any  imposts  or  duties  which  may  interfere  with 
any  stipulations  in  treaties  entered  into  by  the  United  States,  in  Congress 
assembled,  with  any  king,  prince,  or  state,  in  pursuance  of  any  treaties 
already  proposed  by  Congress  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace,  by  any  State,  except 
such  number  only  as  shall  be  deemed  necessary,  by  the  United  States  in 
Congress  assembled,  for  the  defense  of  such  State  or  its  trade  ;*  nor  shall 
any  body  of  forces  be  kept  up,  by  any  State,  in  time  of  peace,  except  such 
number  only  asn  in  the  judgment  of  the  United  States,  in  Congress  as- 
sembled, shall  be  deemed  requisite  to  garrison  the  forts  necessary  for  the 
defense  of  such  State ;  but  every  State  shall  always  keep  up  a  well  regu- 
lated and  disciplined  militia,  sufficiently  armed  and  accoutred,  and  shall 
provide  and  constantly  have  ready  for  use,  in  public  stores,  a  due  number 
of  field-pieces  and  tents,  and  a  proper  quantity  of  arms,  ammunition,  and 
camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the  United 
States,  in  Congress  assembled,  unless  such  State  be  actually  invaded  by 
enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  State,  and  the  danger 
is  so  imminent  as  not  to  admit  of  a  delay  till  the  United  States,  in  Congress 
assembled,  can  be  consulted ;  nor  shall  any  State  grant  commissions  to 


ARTICLES  OF  CONFEDERATION  395 

any  ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  United  States,  in  Congress  assembled, 
and  then  only  against  the  kingdom  or  state,  and  the  subjects  thereof 
against  which  war  has  been  so  declared,  and  under  such  regulations  as 
shall  be  established  by  the  United  States,  in  Congress  assembled,  unless 
such  State  be  infested  by  pirates,  in  which  case  vessels  of  war  may  be  fit- 
ted out  for  that  occasion,  and  kept  so  long  as  the  danger  shall  continue,  or 
until  the  United  States,  in  Congress  assembled,  shall  determine  otherwise. 

ART.  VII. — When  land  forces  are  raised  by  any  State  for  the  common 
defense,  all  officers  of  or  under  the  rank  of  colonel,  shall  be  appointed  by 
the  legislature  of  each  State  respectively  by  whom  such  forces  shall  be 
raised,  or  in  such  manner  as  such  State  shall  direct,  and  all  vacancies 
shall  be  filled  up  by  the  State  which  first  made  the  appointment. 

ART.  VIII. — All  charges  of  war,  and  all  other  expenses  that  shall  be 
incurred  for  the  common  defense  or  general  welfare,  and  allowed  by  the 
United  States  in  Congress  assembled,  shall  be  defrayed  out  of  a  common 
treasury,  which  shall  be  supplied  by  the  several  States,  in  proportion  to 
the  value  of  all  land  within  each  State,  granted  to,  or  surveyed  for,  any 
person,  as  such  land  and  the  buildings  and  improvements  thereon  shall  be 
estimated  according  to  such  mode  as  the  United  States,  in  Congress  assem- 
bled, bhall,  from  time  to  time,  direct  and  appoint.  The  taxes  for  paying 
that  proportion  shall  be  laid  and  levied  by  the  authority  and  direction  of 
the  legislatures  of  the  several  States,  within  the  time  agreed  upon  by  the 
United  States,  in  Congress  assembled. 

ART.  IX. — The  United  States,  in  Congress  assembled,  shall  have  the 
sole  and  exclusive  right  and  power  of  determining  on  peace  and  war,  ex- 
cept in  the  cases  mentioned  in  the  sixth  Article ;  of  sending  and  receiving 
ambassadors ;  entering  into  treaties  and  alliances,  provided  that  no  treaty 
of  commerce  shall  be  made  whereby  the  legislative  power  of  the  re- 
spective States  shall  be  restrained  from  imposing  such  imposts  and  duties 
on  foreigners,  as  their  own  people  are  subjected  to,  or  from  prohibiting  the 
exportation  or  importation  of  any  species  of  goods  or  commodities  what- 
soever ;  of  establishing  rules  for  deciding,  in  all  cases,  what  captures  on 
land  or  water  shall  be  legal,  and  in  what  manner  prizes  taken  by  land  or 
naval  forces  in  the  service  of  the  United  States,  shall  be  divided  or  appro- 
priated; of  granting  letters  of  marque  and  reprisal  in  times  of  peace; 
appointing  courts  for  the  trial  of  piracies  and  felonies  committed  on  the 
high  seas ;  and  establishing  courts  for  receiving  and  determining  finally 
appeals  in  all  cases  of  captures ;  provided  that  no  member  of  Congress 
shall  be  appointed  a  judge  of  any  of  the  said  courts. 

The  United  States,  in  Congress  assembled,  shall  also  be  the  last  resort 
on  appeal,  in  all  disputes  and  differences  now  subsisting,  or  that  hereafter 
may  arise  between  two  or  more  States  concerning  boundary,  jurisdiction, 
or  any  other  cause  whatever ;  which  authority  shall  always  be  exercised 
in  the  manner  following :  Whenever  the  legislative  or  executive  authority, 
or  lawful  agent  of  any  State  in  controversy  with  another,  shall  present  a 
petition  to  Congress,  stating  the  matter  in  question,  and  praying  for  a 
hearing,  notice  thereof  shall  be  given  by  order  of  Congress,  to  the  legisla- 
tive or  executive  authority  of  the  other  State  in  controversy,  and  a  day 
assigned  for  the  appearance  of  the  parties  by  their  lawful  agents,  who 
shall  then  be  directed  to  appoint,  by  joint  consent,  commissioners  or 
judges  to  constitute  a  court  for  hearing  and  determining  the  matter  in 


396  ARTICLES  OF  CONFEDERATION 

question ;  but  if  they  can  not  agree,  Congress  shall  name  three  persons 
out  of  each  of  the  United  States,  and  from  the  list  of  such  persons  each 
party  shall  alternately  strike  out  one,  the  petitioners  beginning,  until 
the  number  shall  be  reduced  to  thirteen ;  and  from  that  number  not  less 
than  seven  nor  more  than  nine  names,  as  Congress  shall  direct,  shall,  in 
the  presence  of  Congress,  be  drawn  out  by  lot;  and  the  persons  whose 
names  shall  be  so  drawn,  or  any  five  of  them,  shall  be  commissioners  or 
judges,  to  hear  and  finally  determine  the  controversy,  so  always  as  a  major 
part  of  the  judges,  who  shall  hear  the  cause,  shall  agree  in  the  determina- 
tion; and  if  either  party  shall  neglect  to  attend  at  the  day  appointed, 
without  showing  reasons  which  Congress  shall  judge  sufficient,  or  being 
present,  shall  refuse  to  strike,  the  Congress  shall  proceed  to  nominate 
three  persons  out  of  each  State,  and  the  secretary  of  Congress  shall  strike 
in  behalf  of  such  party  absent  or  refusing ;  and  the  judgment  and  sen- 
tence of  the  court,  to  be  appointed  in  the  manner  before  prescribed,  shall 
be  final  and  conclusive ;  and  if  any  of  the  parties  shall  refuse  to  submit 
to  the  authority  of  such  court,  or  to  appear  or  defend  their  claim  or 
cause,  the  court  shall  nevertheless  proceed  to  pronounce  sentence  or  judg- 
ment, which  shall  in  like  manner  be  final  and  decisive;  the  judgment  or 
sentence  and  other  proceedings  being  in  either  case  transmitted  to  Con- 
gress, and  lodged  among  the  acts  of  Congress  for  the  security  of  the 
parties  concerned ;  provided,  that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath,  to  be  administered  by  one  of  the  judges  of 
the  supreme  or  superior  court  of  the  State  where  the  cause  shall  be  tried, 
"  well  and  truly  to  hear  and  determine  the  matter  in  question,  according 
to  the  best  of  his  judgment,  without  favor,  affection,  or  hope  of  reward." 
Provided,  also,  that  no  State  shall  be  deprived  of  territory  for  the  benefit 
of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  States,  whose  jurisdictions,  as  they  may 
respect  such  lands,  and  the  States  which  passed  such  grants  are  adjusted, 
the  said  grants  or  either  of  them  being  at  the  same  time  claimed  to  have 
originated  antecedent  to  such  settlement  of  jurisdiction,  shall,  on  the  peti- 
tion of  either  party  to  the  Congress  of  the  United  States,  be  finally  deter* 
mined,  as  near  as  may  be,  in  the  same  manner  as  is  before  prescribed  for 
deciding  disputes  respecting  territorial  jurisdiction  between  different 
States. 

The  United  States,  in  Congress  assembled,  shall  also  have  the  sole  and 
exclusive  right  and  power  of  regulating  the  alloy  and  value  of  coin  struck 
by  their  own  authority,  or  by  that  of  the  respective  States  ;  fixing  the 
standard  of  weights  and  measures  throughout  the  United  States  ;  regulat- 
ing the  trade  and  managing  all  affairs  with  the  Indians  not  members  of 
any  of  the  States  ;  provided  that  the  legislative  right  of  any  State,  within 
its  own  limits,  be  not  infringed  or  violated ;  establishing  and  regulating 
post  offices  from  one  State  to  another  throughout  all  the  United  States, 
and  exacting  such  postage  on  the  papers  passing  through  the  same,  as 
may  be  requisite  to  defray  the  expenses  of  the  said  office  ;  appointing  all 
'officers  of  the  land  forces  in  the  service  of  the  United  States,  excepting 
regimental  officers  ;  appointing  all  the  officers  of  the  naval  forces,  and 
commissioning  all  officers  whatever  in  the  service  of  the  United  States ; 
making  rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  their  operations. 


ARTICLES  OF  CONFEDERATION  397 

The  United  States,  in  Congress  assembled,  shall  have  authority  to  ap- 
point a  committee,  to  sit  in  the  recess  of  Congress,  to  be  denominated 
*'  A  Committee  of  the  States,"  and  to  consist  of  one  delegate  from  each 
State ;  and  to  appoint  such  other  committees  and  civil  officers  as  may  be 
necessary  for  managing  the  general  affairs  of  the  United  States  under 
their  direction  ;  to  appoint  one  of  their  number  to  preside,  provided  that 
no  person  be  allowed  to  serve  in  the  office  of  president  more  than  one 
year  in  any  term  of  three  years  ;  to  ascertain  the  necessary  sums  of 
money  to  be  raised  for  the  service  of  the  United  States,  and  to  appropriate 
and  apply  the  same  for  defraying  the  public  expenses  ;  to  borrow  money 
or  emit  bills  on  the  credit  of  the  United  States,  transmitting  every  half 
year  to  the  respective  States  an  account  of  the  sums  of  money  so  bor- 
rowed or  emitted  ;  to  build  and  equip  a  navy  ;  to  agree  upon  the  number 
of  land  forces,  and  to  make  requisitions  from  each  State  for  its  quota,  in 
proportion  to  the  number  of  white  inhabitants  in  such  State,  which  requisi- 
tion shall  be  binding  ;  and  thereupon  the  Legislature  of  each  State  shall 
appoint  the  regimental  officers,  raise  the  men,  and  clothe,  arm,  and  equip 
them  in  a  soldier-like  manner  at  the  expense  of  the  United  States ;  and 
the  officers  and  men  so  clothed,  armed,  and  equipped  shall  march  to  the 
place  appointed,  and  within  the  time  agreed  on  by  the  United  States,  in 
Congress  assembled ;  but  if  the  United  States,  in  Congress  assembled, 
shall,  on  consideration  of  circumstances,  judge  proper  that  any  State 
should  not  raise  men,  or  should  raise  a  smaller  number  than  its  quota,  and 
that  any  other  State  should  raise  a  greater  number  of  men  than  the  quota 
thereof,  such  extra  number  shall  be  raised,  officered,  clothed,  armed,  and 
equipped  in  the  same  manner  as  the  quota  of  such  State,  unless  the  Leg- 
islature of  such  State  shall  judge  that  such  extra  number  can  not  be 
safely  spared  out  of  the  same,  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip  as  many  of  such  extra  number  as  they  judge  can 
be  safely  spared,  and  the  officers  and  men  so  clothed,  armed,  and  equipped 
shall  march  to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
United  States,  in  Congress  assembled. 

The  United  States,  in  Congress  assembled,  shall  never  engage  in  a  war, 
nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor  enter  into 
any  treatise  or  alliances,  nor  coin  money,  nor  regulate  the  value  thereof, 
nor  ascertain  the  sums  and  expenses  necessary  for  the  defense  and  welfare 
of  the  United  States,  or  any  of  them,  nor  emit  bills,  nor  borrow  money 
on  the  credit  of  the  United  States,  nor  appropriate  money,  nor  agree  upon 
the  number  of  vessels  of  war  to  be  built  or  purchased,  or  the  number  of 
land  or  sea  forces  to  be  raised,  nor  appoint  a  commander-in-chief  of  the 
army  or  navy,  unless  nine  States  assent  to  the  same,  nor  shall  a  question 
on  any  other  point,  except  for  adjourning  from  day  to  day,  be  determined, 
unless  by  the  votes  of  a  majority  of  the  United  States,  in  Congress  assem- 
bled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn  to  any 
time  within  the  year,  and  to  any  place  within  the  United  States,  so  that 
no  period  of  adjournment  be  for  a  longer  duration  than  the  space  of  six 
months,  and  shall  publish  the  journal  of  their  proceedings  monthly,  ex- 
cept such  parts  thereof  relating  to  treaties,  alliances,  or  military  opera- 
tions as  in  their  judgment  require  secrecy ;  and  the  yeas  and  nays  of  the 
delegates  of  each  State,  on  any  question,  shall  be  entered  on  the  journal 
when  it  is  desired  by  any  delegate ;  and  the  delegates  of  a  State,  or  any  of 


393  ARTICLES  OF  CONFEDERATION 

them,  at  his  or  their  request,  shall  be  furnished  with  a  transcript  of  the 
said  journal,  except  such  parts  as  are  above  ezcepted,  to  lay  before  the 
legislatures  of  the  several  States. 

ART.  X. — The  committee  of  the  States,  or  any  nine  of  them,  shall  be 
authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers  of 
Congress  as  the  United  States,  in  Congress  assembled,  by  the  consent  of 
nine  States,  shall,  from  time  to  time,  think  expedient  to  vest  them  with; 
provided  that  no  power  be  delegated  to  the  said  committee,  for  the  exer- 
cise of  which,  by  the  articles  of  confederation,  the  voice  of  nine  States, 
in  the  Congress  of  the  United  States  assembled,  is  requisite. 

ART.  XI. — Canada  acceding  to  this  confederation,  and  joining  in  the 
measures  of  the  United  States,  shall  be  admitted  into,  and  entitled  to  all 
the  advantages  of  this  Union ;  but  no  other  colony  shall  be  admitted  into 
the  same  unless  such  admission  be  agreed  to  by  nine  States. 

ART.  XII. — All  bills  of  credit  emitted,  moneys  borrowed,  and  debts 
contracted  by  or  under  the  authority  of  Congress,  before  the  assembling 
of  the  United  States,  in  pursuance  of  the  present  confederation,  shall  be 
deemed  and  considered  as  a  charge  against  the  United  States,  for  pay- 
ment and  satisfaction  whereof  the  said  United  States  and  the  public  faith 
are  hereby  solemnly  pledged. 

ART.  XIII. — Every  State  shall  abide  by  the  determinations  of  the  United 
States,  in  Congress  assembled,  on  all  questions  which  by  this  Confedera- 
tion are  submitted  to  them.  And  the  Articles  of  this  Confederation  shall 
be  inviolably  observed  by  every  State,  and  the  Union  shall  be  perpetual ; 
nor  shall  any  alteration  at  any  time  hereafter  be  made  in  any  of  them, 
unless  such  alteration  be  agreed  to  in  a  Congress  of  the  United  States, 
and  be  afterward  confirmed  by  the  legislatures  of  every  State. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to  incline 
the  hearts  of  the  legislatures  we  respectively  represent  in  Congress,  to 
approve  of.  and  to  authorize  us  to  ratify  the  said  Articles  of  Confedera- 
tion and  perpetual  Union,  Know  ye,  that  we,  the  undersigned  delegates, 
by  virtue  of  the  power  and  authority  to  us  given  for  that  purpose,  do,  by 
these  presents,  in  the  name  and  in  behalf  of  our  respective  constituents, 
fully  and  entirely  ratify  and  confirm  each  and  every  of  .the  said  Articles  of 
Confederation  and  perpetual  Union,  and  all  and  singular  the  matters  and 
things  therein  contained.  And  we  do  further  solemnly  plight  and  engage 
the  faith  of  our  respective  constituents,  that  they  shall  abide  by  the  deter- 
minations of  the  United  States,  in  Congress  assembled,  on  all  questions 
which  by  the  said  Confederation  are  submitted  to  them ;  and  that  the 
Articles  thereof  shall  be  inviolably  observed  by  the  States  we  respectively 
represent,  and  that  the  Union  shall  be  perpetual.  In  witness  whereof,  we 
have  hereunto  set  our  hands  in  Congress.  Done  at  Philadelphia,  in  the 
State  of  Pennsylvania,  the  ninth  day  of  July,  in  the  year  of  our  Lord 
1778,*  and  in  the  third  year  of  the  Independence  of  America. 

*  Only  ten  States  took  action  upon  the  Articles  at  this  time.  New  Jersey,  Delaware, 
and  Maryland  did  not  ratify  them  until  later. 


CONSTITUTION  OF  THE  UNITED  STATES— 1787 


WE  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America. 

ARTICLE  I 

SECTION  1.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

SECTION  2.  1  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  legislature. 

2  No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other  per-' 
sons.2    The  actual  enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least  one  representative  ;  and  until 
such  enumeration  shall  be  made,  the  State  of  New  Hampshire  shall  be 
entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six,  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five,  South  Carolina  five,  and  Georgia  three. 

4  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5  The  House  of  Representatives  shall  choose  their  speaker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

SECTION  3.  1  The  Senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  State,  chosen  by  the  legislature  thereof  for  six 
years  ;  and  each  senator  shall  have  one  vote.s 

1  This  reprint  of  the  Constitution  exactly  follows  the  text  of  that  in  the 
Department  of  State  at  Washington,  save  in  the  spelling  of  a  few  words. 

2  The  last  half  of  thjs  sentence  was  superseded  by  the  13th  and  14th  Amend' 
junto. 

•  This  paragrapn  was  superseded  by  the  17th  Amendment 

3QO 


400  CONSTITUTION  OF  THE  UNITED  STATES 

2  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.    The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration  of 
the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth  year, 
so  that  one  third  may  be  chosen  every  second  year;  and  if  vacancies 
happen  by  resignation,  or  otherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall  then  fill  such 
vacancies.1 

3  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

4  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5  The  Senate  shall  choose  their  other  officers,  and  also  a  president  pro 
tempore,  in  the  absence  of  the  Vice  President,  or  when  he  shall  exercise 
the  office  of  President  of  the  United  States. 

6  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  chief  justice  shall 
preside :  and  no  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  members  present. 

7  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust  or  profit  under  the  United  States :  but  the  party  convicted 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

SECTION  4.  1  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  State  by  the 
legislature  thereof ;  but  the  Congress  may  at  any  time  by  law  make  or 
alter  such  regulations,  except  as  to  the  places  of  choosing  senators. 

2  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

SECTION  5.  1  Each  House  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall  constitute 
a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties  as  each  House  may  provide. 

2  Each  House  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member. 

3  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either  House 
on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4  Neither  House,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

1  The. last  half  of  this  sentence  was  superseded  by  the  17th  Amendment. 


CONSTITUTION  OF  THE  UNITED  STATES  401 

SECTION  6.  1  The  senators  and  representatives  shall  receive  a  com- 
pensation ior  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

2  No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time ;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either  House  during 
his  continuance  in  office. 

SECTION  7.  1  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

2  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the  President 
of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall 
return  it,  with  his  objections  to  that  House  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed 
to  reconsider  it.     If  after  such  reconsideration  two  thirds  of  that  House 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  that  House,  it  shall  become  a  law.     But  in  all 
such  cases  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  House  respectively.     If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

3  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  President  of  the  United 
States ;  and  before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

SECTION  8.  1  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States ;  but  all  duties, 
imposts  and  excises  shall  be  uniform  throughout  the  United  States ; 

2  To  borrow  money  on  the  credit  of  the  United  States ; 

3  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes ; 

4  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughout  the  United  States ; 

5  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures ; 

6  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States ; 

1  To  establish  post  offices  and  post  roads  .• 


402  CONSTITUTION  OF  THE  UNITED  STATES 

8  To  promote  the  progress  of  science  and  useful  arts  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  respec- 
tive writings  and  discoveries ;     ' 

9  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offenses  against  the  law  of  nations ; 

11  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water  ; 

12  To  raise  and  support  armies,  but  no  appropriation  of  money  to  that 
use  shall  be  for  a  longer  term  than  two  years  j 

13  To  provide  and  maintain  a  navy ; 

14  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces ; 

15  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections  and  repel  invasions ; 

16  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States,  reserving  to  the  States  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according  to  the  disci- 
pline prescribed  by  Congress ; 

17  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States  and  the  acceptance  of  Congress,  become  the  seat  of  the  government 
of  the  United  States,1  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings ;  and 

18  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  this 
Constitution  in  the  government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

SECTION  9.  1  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred  and 
eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person.2 

2  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  re- 
quire it. 

3  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6  No  preference  shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  State  over  those  of  another:  nor  shall  vessels 
bound  to,  or  from,  one  State  be  obliged  to  enter,  clear,  or  pay  duties  in 
another. 

7  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of 
appropriations  made  by  law  ;  and  a  regular  statement  and  account  of  the 

i  The  District  of  Columbia,  which  comes  under  these  regulations,  had  not 
then  been  erected. 

*  A  temporary  clause,  no  longer  in  force.  See  also  Article  V. 


CONSTITUTION  OF  THE  UNITED  STATES  403 

receipts  and  expenditures  of  all  public  money  shall  be  published  from  time 
to  time. 

8  No  title  of  nobility  shall  be  granted  by  the  United  States :  and  no 
person  holding  any  office  of  profit  or  trust  under  them,  shall,  without  the 
consent  of  the  Congress,  accept  of  any  present,  emolument,  office,  or  title, 
of  any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

SECTION  10.1  1  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal ;  coin  money  ;  emit  bills 
of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  or  grant  any  title  of  nobility. 

2  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws :  and  the  net  produce  of  all  duties  and 
imposts  laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States  ;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  Congress. 

3  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE  H 

SECTION  1.  1  The  executive  power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the  term  of 
four  years,  and,  together  with  the  Vice  President,  chosen  for  the  same 
term,  be  elected,  as  follows 

2  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  State  may  be  entitled  in  the  Congress : 
but  no  senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  list  of  all  the  per- 
sons voted  for,  and  of  the  number  of  votes  for  each ;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  president  of  the  Senate.  The  president  of  the 
Senate,  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed ;  and  if  there  be 
more  than  one  who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  immediately  choose  by 
ballot  one  of  them  for  President ;  and  if  no  person  have  a  majority,  then 
from  the  five  highest  on  the  list  the  said  house  shall  in  like  manner  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two  thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice. 

1  See  also  the  10th,  13th,  14th,  and  15th  Amendments. 


404  CONSTITUTION  OF  THE  UNITED  STATES 

In  every  case,  after  the  choice  of  the  President,  the  person  having  the 
greatest  number  of  votes  of  the  electors  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice  President.* 

3  The  Congress  may  determine  the  time  of  choosing  *he  electors,  and 
the  day  on  which  they  shall  give  their  votes  j  which  day  shall  be  the  same 
throughout  the  United  States. 

4  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to 
the  office  of  President ;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

6  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice  President,  and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice  President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accordingly,  until 
the  disability  be  removed,  or  a  President  shall  be  elected. 

6  The  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or  any 
of  them. 

7  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation:  —  "I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President  of  the  United  States,  and 
will  to  the  best  of  my  ability,  preserve,  protect  and  defend  the  Constitu- 
tion of  the  United  States." 

SECTION  2.  1  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States ;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  he  shall  have  power  to  grant  reprieves  and  pardons 
for  offenses  against  the  United  States,  except  in  cases  of  impeachment. 

2  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  senators  present  con- 
cur ;  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the  United  States, 
whose  appointments  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law:   but  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

SECTION  3.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on 

*  This  paragraph  superseded  by  the  12th  Amendment 


CONSTITUTION  OF  THE  UNITED  STATES  405 

extraordinary  occasions,  convene  both  Houses,  or  either  of  them,  and  in 
case  of  disagreement  between  them  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper ;  ha 
shall  receive  ambassadors  and  other  public  ministers  ;  he  shall  take  care 
that  the  laws  be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  United  States. 

SECTION  4.  The  President,  Vice  President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for,  and  con- 
viction of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  lU 

SECTION  1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may 
from  time  to  time  ordain  and  establish.  The  judges,  both  of  the  Supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services,  a  compensation  which 
shall  not  be  diminished  during  their  continuance  in  office. 

SECTION  2.  1  The  judicial  power  shall  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority; — to 
all  cases  affecting  ambassadors,  other  public  ministers  and  consuls;  — 
to  all  cases  of  admiralty  and  maritime  jurisdiction ;  —  to  controversies  to 
which  the  United  States  shall  be  a  party  ;  —to  controversies  between  two 
or  more  States ;  —  between  a  State  and  citizens  of  another  State ; l  —  be- 
tween citizens  of  different  States,  —  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a  State,  or 
the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

2  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  State  shall  be  party,  the  Supreme  Court  shall 
have  original  jurisdiction.    In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations  as  the  Congress  shall 
make. 

3  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury  ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall 
have  been  committed ;  but  when  not  committed  within  any  State,  the 
trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

SECTION  3.  1  Treason  against  the  United  States,  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

2  The  Congress  shall  have  power  to  declare  the  punishment  of  treason, 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture 
except  during  the  life  of  the  person  attainted. 

ARTICLE  IV 

SECTION  1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State.  And 

i  See  the  llth  Amendment. 


406  CONSTITUTION  OF  THE  UNITED  STATES 

the  Congress  may  by  general  laws  prescribe  the  manner  in  -which  such 
acts,  records  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION  2.  1  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

2  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall  on  de- 
mand of  the  executive  authority  of  the  State  from  which  he  fled,  be 
delivered  up  to  be  removed  to  the  State  haying  jurisdiction  of  the  crime. 

3  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regu- 
lation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due.1 

SECTION  3.  1  New  States  may  be  admitted  by  the  Congress  into  this 
Union ;  but  no  new  State  shall  be  formed  or  erected  within  the  jurisdic- 
tion of  any  other  State ;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of  the  legislatures 
of  the  States  concerned  as  well  as  of  the  Congress. 

2  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  belonging 
to  the  United  States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the  United  States,  or  of  any  particular 
State. 

SECTION  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  legislature,  or  of  the  execu- 
tive (when  the  legislature  cannot  be  convened)  against  domestic  violence. 

ARTICLE  V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  States,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress ;  Provided  that  no  amend- 
ment which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article ;  and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI 

1  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United  States 
under  this  Constitution,  as  under  the  Confederation. 

2  This  Constitution,  and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof  ;  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 
land  ;  and  the  judges  in  every  State  shall  be  bound  thereby,  anything  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  notwithstanding. 

1  gee  the  13th  Amendment, 


CONSTITUTION  OF  THE  UNITED  STATES  407 

3  The  senators  and  representatives  before  mentioned,  and  the  mem- 
bers of  the  several  State  legislatures,  and  all  executive  and  judicial  officers, 
both  of  the  United  States,  and  of  the  several  States,  shall  be  bound  by 
oath  or  affirmation  to  support  this  Constitution  ;  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust  under 
the  United  States. 

ARTICLE  VII 

The  ratification  of  the  conventions  of  nine  States  shall  be  sufficient  for 
the  establishment  of  this  Constitution  between  the  States  so  ratifying  the 
same. 

Done  in  Convention  by  the  unanimous  consent  of  the  States  present  the 
seventeenth  day  of  September  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereof  we  have  hereunto 
subscribed  our  names, 

Go:  WASHINGTON  — 

Presidt.  and  Deputy  from  Virginia. 
(Signed  also  by  thirty-eight  other  delegates,  from  twelve  states.) 

Articles  in  addition  to,  and  amendment  of,  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress,  and  ratified  by  the  legisla- 
tures of  the  several  States  pursuant  to  the  fifth  article  of  the  original 
Constitution. 

•       ARTICLES  I-Xi 

ARTICLE  I.  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof  ;  or  abridging  the  free- 
dom of  speech,  or  of  the  press  ;  or  the  right  of  the  people  peaceably  to  as- 
semble, and  to  petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II.  A  well  regulated  militia,  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be 
infringed. 

ARTICLE  III.  No  soldier  shall,  in  time  of  peace  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

ARTICLE  IV.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  warrants  shall  issue,  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V.  No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger ;  nor  shall  any 
person  be  subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of  life 
or  limb ;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  without  due 
process  of  law  ;  nor  shall  private  property  be  taken  for  public  use  without 
just  compensation. 

i  The  first  ten  Amendments  were  adopted  in  1791. 


408  CONSTITUTION  OF  THE  UNITED   STATES 

ARTICLE  VI.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation  ;  to  be  confronted  with  the  wit- 
nesses against  him ;  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favor,  and  to  have  the  assistance  of  counsel  for  his  defense. 

ARTICLE  VII.  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved, 
and  no  fact  tried  by  a  jury  shall  be  otherwise  regxamined  in  any  court  of 
the  United  States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX.  The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X.  The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

ARTICLE  XIl 

The  judicial  power  of  the<  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States,  by  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  State. 

ARTICLE   XII2 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves ;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President  and  of  all  persons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  Senate  ;  —  The  president  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be  counted  ;  —  The  person 
having  the  greatest  number  of  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  electors  appointed  ; 
and  if  no  person  have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following,  then  the  Vice  President  shall  act 
as  President,  as  in  the  case  of  the  death  or  other  constitutional  disability 

l  Adopted  in  1798.  a  Adopted  in  1804. 


CONSTITUTION  OF  THE  UNITED  STATES  409 

of  the  President.  The  person  having  the  greatest  number  of  votes  as 
Vice  President  shall  be  the  Vice  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed,  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice  President ;  a  quorum  for  the  purpose  shall  consist  of  two 
thirds  of  the  whole  number  of  senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  constitutionally 
ineligible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice  Presi- 
dent of  the  United  States. 

ARTICLE  XIII  * 

SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime  whereof  the  party  shall  have  been  duly  convicted,  shall 
exist  within  the  United  States,  or  any  place  subject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to  enforce  this  article  by  ap- 
propriate legislation. 

ARTICLE  XIV2 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of 
the  State  wherein  they  reside.  No  State  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the  United 
States  ;  nor  shall  any  State  deprive  any  person  of  lif  e,  liberty,  or  property, 
without  due  process  of  law  ;  nor  deny  to  any  person  within  its  jurisdic- 
tion the  equal  protection  of  the  laws. 

SECTION  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole  number 
of  persons  in  each  State,  excluding  Indians  not  taxed.  But  when  the  right 
to  vote  at  any  election  for  the  choice  of  electors  for  President  and  Vice 
President  of  the  United  States,  representatives  in  Congress,  the  executive 
and  judicial  officers  of  a  State,  or  the  members  of  the  legislature  thereof, 
is  denied  to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any  way  abridged, 
except  for  participation  in  rebellion,  or  other  crime,  the  basis  of  representa- 
tion therein  shall  be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

SECTION  3.  No  person  shall  be  a  senator  or  representative  in  Congress, 
or  elector  of  President  and  Vice  President,  or  hold  any  office,  civil  or  mili- 
tary, under  the  United  States,  or  under  any  State,  who,  having  previously 
taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  legislature,  or  as  an  executive  or  judi- 
cial officer  of  any  State,  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against  the  same,  or  given 
aid  or  comfort  to  the  enemies  thereof.  But  Congress  may  by  a  vote  of 
two  thirds  of  each  House,  remove  such  disability. 

SECTION  4.  The  validity  of  the  public  debt  of  the  United  States,  author- 
ized by  law,  including  debts  incurred  for  payment  of  pensions  and  bounties 
for  services  in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the 
1  Adopted  in  1865.  8  Adopted  in  1868. 


410  CONSTITUTION  OF  THE  UNITED   STATES 

United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave  ; 
but  all  such  debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

SECTION  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

ARTICLE  XVi 

SECTION  1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State  on  account 
of  race,  color,  or  previous  condition  of  servitude. 

SECTION  2.  The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

AETICLE  XVI  2 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes,  from 
whatever  source  derived,  without  apportionment  among  the  several  States, 
and  without  regard  to  any  census  or  enumeration. 

ARTICLE  XVII 2 

The  Senate  of  the  United  States  shall  be  composed  of  two  senators  from 
each  State,  elected  by  the  people  thereof,  for  six  years  ;  and  each  senator 
shall  have  one  vote.  The  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State  legislatures. 

When  vacancies  happen  in  the  representation  of  any  State  in  the  Senate, 
the  executive  authority  of  such  State  shall  issue  writs  of  election  to  fill  such 
vacancies  :  Provided,  That  the  legislature  of  any  State  may  empower  the 
executive  thereof  to  make  temporary  appointments  until  the  people  fill 
the  vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or  term 
of  any  senator  chosen  before  it  becomes  valid  as  part  of  the  Constitution. 

ARTICLE  XVHI3 

SECTION  1.  After  one  year  from  the  ratification  of  this  article  the 
manufacture,  sale,  or  transportation  of  intoxicating  liquors  within,  the 
importation  thereof  into,  or  the  exportation  thereof  from  the  United  States 
and  all  territory  subject  to  the  jurisdiction  thereof  for  beverage  purposes 
is  hereby  prohibited. 

SECTION  2.  The  Congress  and  the  several  states  shall  have  concurrent 
power  to  enforce  this  article  by  appropriate  legislation. 

SECTION  3.  This  article  shall  be  inoperative  unless  it  shall  have  been 
ratified  as  an  amendment  to  the  Constitution  by  the  Legislatures  of  the 
several  States,  as  provided  by  the  Constitution,  within  seven  years  from 
the  date  of  the  submission  hereof  to  the  States  by  the  Congress. 

ARTICLE  XIX  * 

SECTION  1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not 
be  denied  or  abridged  by  the  United  States  or  by  any  State  on  account  of  sex. 

SECTION  2.     Congress  shall  have  power,  by  appropriate  legislation,  to 
enforce  the  provisions  of  this  article, 
i  Adopted  in  1870.    2  Adopted  hi  1913.    8  Adopted  in  1919.    *  Adopted  in  1920. 


INDEX 


Adams,  John,  as  President,  314. 
Administrative  courts  in  Eurdpe,  364, ». 
Ad  valorem  duties,  218. 
Agriculture,  Department  of,  345-34<5. 
Alaska,  acquisition,  374. 

government,  372-374. 
Aliens,  disabilities  of,  389. 

rights  and  duties  of,  388. 

See  also  Citizenship. 

Ambassadors  of  American  government,  327. 
Amendments     of     national     constitution, 
fourth,  366. 

fifth,  sixth,  and  eighth,  365,  366. 

eleventh,  355. 

twelfth,  280. 

fourteenth,  383-384,  176. 

fifteenth,  127,  176. 

sixteenth,  224. 

seventeenth,  184. 

eighteenth,  241. 

nineteenth,  129. 
Amnesty,  320. 

Animal  Husbandry,  Bureau  of,  345. 
Annapolis,  Convention,  164. 

naval  academy  at,  268. 
Annexation,  citizenship  through,  385. 
Anti-Federalists,  170,  171. 
Appointment,  president's  power  of,  301. 
Apportionment,  in  state  legislatures,  76,  77. 

of  federal  representatives,  175. 
Appraisal  of  customs  duties,  221. 
Appropriations,  federal,  225. 

preparation  of  bills,  225. 
Army,  distribution  of,  263,  n. 

expenditures  for,  264. 

general  staff,  262. 

militia,  265-266. 

power  of  Congress  over,  262. 

present  strength,  263. 

ranks  of  officers,  268. 

salaries  of  officers,  264. 

volunteers,  264. 

war  department,  333-336. 
Arsenals,  United  States,  location  of,  335. 
Articles  of  Confederation,  393. 

adoption  of,  159-160. 

defects  of,  161-164. 

government  under,  160-161. 
Attainder,  367 ;  bill  of  attainder,  69,  59- 
Attorney-General,  of  United  States,  338. 
Australian  ballot,  135- 


Bail,  119. 

Ballot,  Australian,  135. 

evolution  of,  134. 

forms  of,  135-137. 

reform  of,  137-139. 
Bankruptcy,  hearing  of  petitions,  270. 

legislation  by  Congress,  269-270. 

state  legislation,  269. 
Banks,  federal  reserve,  233. 

national,  232,  332. 

postal  savings,  254. 

Bill  of  Rights,  in  state  constitutions,  68-69. 
Bills,  in  state  legislatures,  82-84. 

in  Congress,  204-205. 
Bonds,  United  States,  226-227. 
Bribery,  84-85,  140-142. 

in  senatorial  elections,  183. 
Bryan,  William  J.,  candidate  for  President, 
291. 

Cabinet,  appointment  of  members,  325. 

composition  of,  324. 

origin  and  nature  of,  324. 

responsibility  of,  325. 
Census,  Bureau  of,  347. 
Centralized  government,  5. 
Charters,  city,  31-33. 

method  of  granting,  31-32. 
Chemistry,  Bureau  of,  346. 
Chicago,  budget  of,  in  1909,  41. 

police  force,  44. 
China,  U.S.  court  in,  363. 
Chinese,  exclusion  of,  239. 

ineligibility  to  citizenship,  385. 
Cities,  charters,  3i~33- 

city  manager  plan  of  government,  53. 

commission  plan  of  government,  51-53. 

finances,  41-44. 

growth  of,  26-29. 

legislative  interference  in  cities,  33-34. 

officers  of,  35-41. 

position  in  state,  30. 

state  control  of,  30-31. 
Citizens,  treatment  of  by  states,  63-64. 
Citizenship,  acquisition  of,  383,  385. 

bureau  of,  330. 

definition  of,  383. 

disqualifications,  385. 

double  citizenship,  386-387. 

duties  and  obligations,  390. 

interstate  right?  of  citizens,  387. 


411 


412 


INDEX 


Citizenship  (continued). 

loss  of,  386. 

rights  of  citizens,  389. 
City  council,  35-38 ;  see  Cities. 
Civil  cases,  trial  of  in  state  courts,  115-118. 
Civil  service  reform,  in  national  government, 
306. 

effect  of  competitive  system,  309. 

examinations,  308. 

exempt  positions,  308. 

extent  of  classified  service,  307. 

in  diplomatic  and  consular  service,  327- 
329. 

law  of  1883,  306. 

.law  of  1907,  309,  ». 
Civil  service  reform,  state,  105-106. 
Claims,  Court  of,  363. 
Cleveland,  Grover,  as  President,  227,  275. 

extension  of  civil  service  by,  307. 
Coast  and  Geodetic  Survey,  349. 
Coast  Guard,  333. 
Commerce,  anti-trust  legislation,  244-245. 

federal  regulation,  168-169. 

interstate,  240. 

Interstate  Commerce  Commission,  242. 

power  to  regulate,  236. 

pure  food  legislation,  246. 

regulation  of  foreign  commerce  by  Con- 
gress, 236-240. 

regulation  of  railway  traffic,  242-244. 
Commerce,  Department  of,  346-349. 
Commerce,  Foreign  and  Domestic,  Bureau 

of,  349. 

Commerce  Court,  364. 
Commission,  Interstate  Commerce,  242. 
Commission  plan  of  city  government,  51-53. 
Committees,  in  Congress,  201-204,  206. 

conference,  212. 

committee  on  rules,  208,  210. 

committee  of  the  whole,  207. 

forms  of  action  in,  205. 

hearings,  205. 

reference  of  bills  to,  204. 
Committees,  in  state  legislatures,  81. 
Committees,  party,  148-150,  289-290. 
Commutation,  321. 
Comptroller  of  the  Currency,  332. 
Concurrent  resolutions,  319. 
Congress,  action  on  bills,  204-213. 

adjournment  by  President,  316. 

committees,  201-212. 

compensation  of  members,  188-189. 

control  over  election  of  members,  187. 

extra  sessions,  315. 

open  sessions,  200. 

organization,  197-199. 

powers,  248-272. 
implied  powers,  270-272. 
powers  under  Articles,  160,  162-164. 

private  bills,  204,  n.,  208. 

public  bills,  204,  n. 


Congress  (continued). 

quorum,  109. 

representation  in,  166-167. 

rights  and  privileges  of    members,  180- 
190. 

rules  of  procedure,  206-215. 

seating  of  members,  200. 

sessions  of,  175. 

suspension  of  rules,  208. 
Constitution,    federal,    compromises,    166- 
169. 

construction  of,  270-271. 

making  of,  165-169. 

opposition  to,  160-170. 

prohibition  on  governments,  59. 

ratification  of,  169-172. 
Constitution,  state,  amendment  of,  70. 

bill  of  rights,  68-69. 

contents  of,  67-68. 

framing  of,  64-65. 

length,  67. 

ratification,  65-66. 

Constitutional     Convention,     1787,     com- 
promises of,  166-169. 

personnel,  165. 

work  of,  166. 
Consular  Service,  Bureau  of,  329. 

consular  courts,  329,  ». 

duties  of  consuls,  329. 

recent  reforms,  329. 
Continental  Congress,  159. 
Convention,  national  political,  committees 
in,  287. 

nomination  of  candidates,  288. 

organization  of,  287. 

platform,  288. 

Conventions,  state,  153-157. 
Copyrights,  258-259. 
Corporations,  Bureau  of,  349. 
Corrupt     practices,  acts    regulating,    140- 

142. 
Council,  city,  35-38. 

mode  of  election,  36-37. 

powers,  37. 

See  also  Cities. 
County,  government  of,  14-20. 

officers,  16-20. 

population  and  area,  14. 
County-township  system  of  local  govern- 
ment, 21-23 

Courts,  federal,  353-367. 
Courts,  state,  109-123. 

function  of,  109. 

grades  of  state,  109-1 1 1 . 

municipal  courts,  50-51. 

qualifications  of  judges  112-113. 

trials,  115-123. 
Criminal  cases,  trial  of  in  state  courts,  118- 

123. 

Customs  Appeals,  U.  S.  Court  of,  363. 
Customs  duties,  collection  of,  220. 


INDEX 


413 


Debt,  national,  225. 

growth  of,  227. 
Dependencies,  379-381. 
Diplomatic  service,  Bureau  of,  326-327. 
Direct  legislation,  85-89. 
Direct  primary,  157. 
District  of  Columbia,  courts  in,  364. 

government  of,  380-381. 
Division  of  powers,  58-59. 

Education,  Bureau  of,  344-345. 
Elections,  ballots,   135-139. 

fraudulent  voting,  140-142. 

manner  of  holding,  133,  139. 

registration  for,  131. 

suffrage,  125-129. 

time  of  holding,  132. 
Electoral  college,  276,  277. 

method  of  voting  in,  270-281. 
Electoral  Count  Law,  283. 
Embargo  Act,  237. 
Eminent  domain,  69,  74. 
Enabling  Act,  65. 

Engraving  and  Printing,  Bureau  of,  333. 
Executive.     See  President  and  Governor. 
Executive  department,  state,  91-106. 
Expenditures,  national,  growth  of,  225. 
Ex  post  facto  law,  69,  59. 

Federalists,  170. 

Federal  land  banks,  234. 

Federal  republic,  172. 

Federal  reserve  banks,  233. 

Federal  trade  commission,  245. 

Fee  system,  in  consular  service,  330. 

Fifteenth  Amendment,  127,  176. 

Filibustering,  207,  214. 

Fire  protection  in  cities,  47-48. 

Fisheries,  Bureau  of,  348. 

Foreign  Relations.     See  State  Department 

Forest  Service,  346. 

Fourteenth  Amendment,  176,  383-384. 

Franchises,  of  public  utilities,  48-50. 

power  of  city  council  to  grant,  37-38. 
Franking,  privilege  of,  189. 
Fugitives    from    justice,    surrender    of    by 
states,  63. 

Galveston,  municipal  government  in,  51-52. 
Garfield,  James  A.,  assassination,  294,   306. 
General  Staff,  of  War  Department,  334. 
Geological  Survey,  the,  334. 
Gerrymander,  77,  177. 
Governor,    election   and    qualification,    91. 

powers,  96-99. 

salary,  92. 

term,  91. 
Grand  jury,  119. 

Grant,  U.  S.,  candidate  for  third  term,  276, n. 
Greenbacks,  228,  231. 
Guam,  379. 


Habeas  Corpus,  119. 

power  of  governor  to  suspend,  101. 

power  of  President  to  suspend,  312. 
Hamilton,  Alexander,  275,  n. 

construction  of  constitution,  271. 
Hawaiian  Islands,  372. 
Hayes,  R.  B.,  disputed  election  of,  282. 
Health  protection  in  cities,  46-47. 
Henry,  Patrick,  opposition  to  Constitution, 

171. 

Home  rule  charters  for  cities,  32. 
House  of   Representatives,   national,   174- 
178. 

election  of  president,  283. 

procedure,  207-213. 

rules  of,  207. 

See  also  Congress. 
House  of  Representatives,  state,  76. 

See  also  Legislature. 

Illinois,  minority  representation  in,  78. 

Immigration,  238,  n.,  349. 

Immigration    and   Naturalization,  Bureaus 

of,  350. 
Impeachment,  federal,  192. 

state,  100. 
Income  taxes,  223. 

Indexes  and  Archives,  Bureau  of,  330. 
Indian  affairs,  allotment  act,  342. 

Indian  agents,  342. 

policy  of  government  toward  Indians,  342. 

schools  for  Indians,  342. 
Indictment,  by  grand  jury,  120. 
Initiative  and  Referendum,  85-89. 
Insular  Affairs,  Bureau  of,  335-336. 
Insular  cases,  370. 

Insurgents,  in  Republican  party,  210. 
Insurrection,  power  to  suppress,  313. 
Interior,  Department  of,  330-345. 
International  law,  390. 
International  Postal  Union,  257. 
Interstate  commerce,  240. 
Interstate  Commerce  Commission,  242. 
Invasion,  protection  of  states  against,  313. 

Jackson,  Andrew,  as  President,  304. 
Jefferson,  Thomas,  as  President,  314 

as  president  of  senate,  282,  n. 

construction  of  Constitution,  271. 

election  to  presidency,  284. 

vote  for  President,  280. 
Johnson,  Andrew,  impeachment  of,  293,  305. 

removal  of  officers,  304. 
Joint  resolutions,  204,  «.,  319. 
Judges,  of  federal  courts,  356  ff. 

of  state  courts,  112-115. 
Judicial  control  over  President,  321-322. 

over  subordinate  executive  officers,  322. 
Judiciary,  federal,  353-367. 

in  organized  territories,  373. 

stete,  109-123. 


INDEX 


Jurisdiction.     See   Courts. 
Justice,  Department  of,  338-339. 

Labor,  Department  of,  350. 
Land  offices,  341. 
Legislation,  direct,  85-89. 
Legislature,  in  organized  territories,  373. 
Legislature,  state,  compensation  of  members, 
79- 

minority  representation  in,  77-78. 

organization,  80-82. 

passage  of  bill  in,  82-84. 

powers  of,  73,  74. 

sessions  of,  78-79. 

structure,  75-77. 
Life-Saving  Service,  333. 
Lighthouses,  Bureau  of,  348. 
Lincoln,  Abraham,  as  President,  275 

popular  vote  for  President,  279. 

powers  exercised  as  President,  300. 
Lobbying,  84-85. 

Local  government,  conflict  of    systems  in 
West,  21-22. 

importance  of,  6-7. 

kinds,  5. 

merits,  6. 

types  of,  7. 
Local  option  liquor  laws,  87. 

Manufactures,  promotion  of,  349. 
Marshall,  Chief  Justice,  decision  in  Marbury 

v.  Madison,  361. 

interpretation  of  Constitution,  271. 
Massachusetts,  constitution  of,  66. 
Mayor,  the,  38-39. 

McKinley,  Wm.,  as  President,  275,  n.,  294. 
Merit  system.     See  Civil  Service  Reform. 
Military  Academy,  the,  336. 
Military  Secretary,  the,  334. 
Militia,  the,  265-266. 
Mines,  Bureau  of,  344. 
Minority  representation  in  state  legislature, 

77-78. 

Mint,  Director  of,  332. 
Mints,  U.  S.,  228,  n. 

Mississippi,  ratification  of  constitution  of,  66. 
Monetary  system,  228-232. 
Morrill  Act,  340. 
Municipal  government,  25-50. 

Naturalization,  350,  383-385. 

Nautical  Almanac,  publication  of,  337. 

Naval  Academy,  U.  S.,  338. 

Navigation,  Bureaus  of,  337,  347. 

Navigation  laws,  237. 

Navy,  the,  264-269. 

Navy  Department,  336-338. 

Navy  yards,  location  of,  337- 

New  England  town,  the,  8. 

Newport,  naval  war  college  at,  268. 

New  York  type  of  local  government,  21-22. 


New  York  city,  budget  of,  41. 

collections  from  customs  duties  in,  222. 

police  force,  44. 

Nonintercourse  Act  of  1809,  237. 
Northern  Securities  case,  245. 

Ordinance  of  1787,  371. 

Ordinances,  power  of  the  President  to  issue 

316. 

Ordnance,  Bureau  of,  337. 
Oregon,  initiative  and  referendum  in,  87,  88. 
Original  package  doctrine,  241. 

Pagopago,  harbor  pf,  379. 

Panama  Canal,  construction  of,  271,  335. 

Panama  Canal  Zone,  379-380. 

Parcels  post,  255. 

Pardons,  amnesty,  320. 

commutation,  321. 

extent  of  President's  power  over,  320. 

parole,  321. 

power  of  governor  to  grant,  102,  103. 
Parole,  321. 

Parties.     See  Political  Parties. 
Passports,  326. 
Patent  Office,  344 
Patents*  250-261. 

number  granted,  261. 

Pennsylvania  type  of  local  government,  22. 
Pension  Bureau,  343-344. 
Philippine  Islands,  374-378. 
Plant  Industry,  Bureau  of,  345. 
Platform  of  political  parties,  155,  288. 
Police  power,  241. 
Police  protection  in  cities,  44-46. 
Political  parties,  conventions,  153-157,  287- 
288. 

local,  145. 

national,  145-148. 

nature  and  functions,  144. 

nomination  of  candidates,  153-157. 

organization,  148-150. 

platform,  155,  288. 

primaries  of,  150-152. 
Porto  Rico,  374-376. 
Ports  of  delivery,  220,  ». 
Postmaster-General,  the,  339. 
Post  Office,  the,  classes,  257 

classification  of  mail  matter,  247. 

development  of  postal  service,  248. 

"fraud  orders,"  249. 

free  delivery,  252. 

international  postal  union,  257. 

mail  matter,  249. 

money  order  service,  254. 

parcels  post,  255. 

postal  deficit,  249. 

postal  savings  banks,  254. 

postal  subsidies,  256. 

rates  of  postage,  249. 

registry  service,  253. 


INDEX 


415 


Post  Office  (continued). 

second-class  matter,  251. 
Post  Office  Department,  339. 
Powers,    division    of    between    state    and 
national  government,  58. 

of  municipal  corporations,  32. 
President,  campaigns  for  election  of,  291. 

choice   of    President   by    electors,    270- 
281. 

choosing  of  electors,  277-279. 

compensation,  299. 

contributions  by  corporations  forbidden, 
292. 

counting  of  electoral  vote,  281-283. 

creation  of  office,  274. 

election  by  House,  283-285. 

electoral  and  popular  vote,  279. 

failure  of  electoral  plan,  277. 

immunity  from  judicial  control,  321. 

impeachment  of,  322. 

inauguration,  298. 

mode  of  election,  276. 

powers  and  duties,  300-320. 

publicity  of  campaign  contributions,  292- 
293- 

qualifications,  275. 

raising  funds  for  campaign,  291. 

succession  to  presidency,  293-295. 

term  of  office,  275. 
Previous  question,  the,  211. 
Primaries,  150-153 ;  direct  primary,  156. 
Privateer,  262. 
Probation,  123. 
Public  defender,  121. 
Public  Health  Service,    in  Department  of 

the  Treasury,  332. 
Public  lands,  disposal  of,  340. 

Homestead  Act,  341. 

land  offices,  341. 

Morrill  Act,  340. 

Preemption  Act,  340. 

present  extent  of,  341. 
Public  Opinion  Law,  in  Illinois,  87. 
Public  utilities,  in  municipalities,  48. 

government  ownership  of,  50. 
Pure  food,  legislation  concerning,  240,  246. 

Quarantine,  laws  by  Congress,  239. 
Quartermaster  Corps,  334. 

Recall,  101. 

Reciprocity  treaties,  220. 

Reed,  Thomas  B.,  rule  OB  quorum,  200. 

Referendum,  85-89. 

Registration  for  elections,  131. 

Removal,  President's  power  of,  303-309. 

Representatives,    House    of.    See    House, 

Congress,  Legislature. 
Resolutions,  204,  n. 
Revenue,  sources  of  federal,  218. 
Revenue  Cutter  Service,  33^. 


Roosevelt,    Theodore,   as    President,    224, 

275,  »• 
extension  of  civil  service  by,  307. 

Samoan  Islands,  379. 
Secret  Service,  the,  333. 
Senate,  national,  as  executive  council  to 
President,  274. 

classification  of  senators,  181. 

debate  in,  214. 

mode  of  election,  181-184. 

power  to  amend  revenue  measures,  219,  «. 

president  of,  213. 

procedure  in,   213-215. 

right  of  legislature  to  instruct,  185. 

special  functions  of,  190-194. 

See  Congress. 
Senate,  state,  75. 

See  Legislature. 
Sherman  Anti-Trust  Law,  245. 
Sherman  treasury  notes,  231. 
Shipping  board,  257. 
Slavery  compromise  in  Constitution,  167- 

168. 

South  Carolina,  ratifies  constitution,  66. 
Speaker,  English,  209. 

of  House  of  Representatives,  powers,  203. 

209. 
Special  legislation,  constitutional  protection 

against,  34. 
Specific  duties,  218. 
Spoils  system,  106,  304. 

elimination  of  in  diplomatic  service,  32 }„ 
Standards,  Bureau  of,  349. 
State,  obligations  and  duties,  62-64. 

place  of  in  federal  system,  57. 

powers  of,  59,  60. 

prohibitions  on  in  federal  Constitution, 
59. 

rights  and  privileges,  60-62. 
State  boards  and  commissions,  104-105. 
State,    Department    of,    organization    and 

functions,  325-330. 
Steamboat  Inspection  Service,  348. 
"Strike  "bills,  85. 
Succession  Law  of  1792,  294. 

of  1886, 295. 
Suffrage,  nature  of  elective  franchise,  125. 

qualifications  for  voting,  125-129. 

woman  suffrage,  128. 
Supervising  Architect,  333. 
Surgeon  General,  334. 

Taft,  Wm.  H.,   governor   of    Philippines*, 

377- 
Tariff,  maximum  and  minimum  principle. 

219. 

preparation  of  bill,  219. 
protective,  218. 

Taxation,  federal,  collection  of  taxes.  ««. 
collection  of  customs  duties,  220. 


4i6 


INDEX 


Taxation  (continued) 

corporation  tax,  224. 

customs  duties,  218. 

forms  of  federal  taxes,  2if. 

income  taxes,  223. 

inheritance  taxes,  224. 

internal  revenue  taxes,  221. 

national  power  of,  217. 

protective  tariff,  218. 

reciprocity  treaties,  220. 

tariff  bills,  219. 
Taxation,  Municipal,  42. 
Territories,  courts  in,  364. 

extension  of  Constitution  to,  369. 

government  of  organized,  372-374. 

Northwest  Territory,  371. 

origin  of  territorial  system,  370. 

partly  organized,  374-378. 

powers  of  Congress  over,  369. 

representation  of  in  Congress,  175,  n. 

unorganized,  379~38i. 
Territory,  government  of  occupied,  312. 
Tobacco,  tax  on,  222. 
Tonnage  laws,  237. 
Town  meeting,  the,  9-10. 

conditions  unfavorable  to,  10-11. 
Town  system  of  local  government,  7, 13. 

officers  of,  11-14. 

powers  of,  8-9. 

Treason,  punishment  of,  366-367. 
Treasury..  Department  of,  331-332. 


Treaties,  negotiation  of,  310,  32^ 
senate's  share  in  making,  310. 
Treaty,  reciprocity,  220. 
Trials,  in  courts,  115-123. 
Tutuila,  379. 

United  States  funds,  deposit  of,  224. 

Veto,  exercise  of  power  by  President,  aiA. 
213,317- 

importance  of,  319. 

power  of  governor,  97-99. 

use  of  in  practice,  318. 
Vice  President,  election  by  senate,  285. 

electoral  vote  for,  280. 

nomination  of,  289. 

presiding  officer  of,  197. 
Village  government,  53. 
Voting  machines,  139. 

War,    Department    of,    organization    and 

functions,  333~336. 
Warrants,   issued    by  secretary    of   state, 

326. 
Washington,  George,  as  President,  275,  314, 

356. 

Weather  Bureau,  the,  345. 
West  Point  Military  Academy,  336. 
Wilson,  James,  275,  n. 

Yards  and  Docks,  Bureau  of,  337. 


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